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RAINER v. KELLEY, 5:15CV00153 BSM. (2016)

Court: District Court, E.D. Arkansas Number: infdco20160203948 Visitors: 5
Filed: Feb. 02, 2016
Latest Update: Feb. 02, 2016
Summary: ORDER BRIAN S. MILLER , District Judge . The proposed findings and recommendations ("RD") submitted by United States Magistrate Judge Jerome T. Kearney, petitioner's objections thereto [Doc. No. 18], and respondent's response [Doc. No. 19] have been reviewed. After carefully considering these documents and a de novo review of the record, the RD are hereby adopted in all respects. IT IS THEREFORE ORDERED that: 1 Petitioner's writ of habeas corpus [Doc. No. 1] is denied with prejudice bec
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ORDER

The proposed findings and recommendations ("RD") submitted by United States Magistrate Judge Jerome T. Kearney, petitioner's objections thereto [Doc. No. 18], and respondent's response [Doc. No. 19] have been reviewed. After carefully considering these documents and a de novo review of the record, the RD are hereby adopted in all respects.

IT IS THEREFORE ORDERED that:

1 Petitioner's writ of habeas corpus [Doc. No. 1] is denied with prejudice because, just as petitioner's first, second, third, and fifth grounds for relief, see Doc. No. 11, petitioner's fourth ground for relief is without merit.

2 A certificate of appealability may, however, issue on petitioner's fourth ground for relief because he has made a substantial showing of a denial of a constitutional right. See 28 U.S.C. § 2253(c).

IT IS SO ORDERED.

Source:  Leagle

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