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Hayes v. Kelley

United States District Court, E.D. Arkansas, Pine Bluff Division

March 17, 2015

JAWANN SHAUNTEZ HAYES, Petitioner,
v.
WENDY KELLEY, Director, Arkansas Department of Correction, Respondent.

ORDER

BRIAN S. MILLER, Chief District Judge.

The recommended disposition filed by Magistrate Judge Beth Deere has been received. No objections have been filed. After careful consideration, it is concluded that the recommended disposition should be, and hereby is, adopted in its entirety. Hayes's petition for writ of habeas corpus [Doc. No. 1] and amended petition for writ of habeas corpus [Doc. No. 8] are dismissed without prejudice.

When entering a final order adverse to a habeas corpus petitioner, a certificate of appealability must be issued or denied. Rule 11 of the Rules Governing Section 2254 Cases. A certificate of appealability may issue only if a petitioner has made a substantial showing of the denial of a constitutional right. 28 U.S.C. ยง 2253(c)(1)-(2). As there is no such showing, a certificate of appealability is denied.

IT IS SO ORDERED.


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