Hawthone v. Arkansas, State of et al
ORDER adopting 3 Report and Recommendations, re 2 The Petition for a Writ of Habeas Corpus, under 28 U.S.C. § 2254 is DISMISSED, WITHOUT PREJUDICE, so that Petitioner may seek authorization from the Eighth Circuit, pursuant to 28 U.S.C. § 2244(b)(3)(A), to file a successive habeas petition. DENYING AS MOOT 1 Motion for Leave to Proceed in forma pauperis. Signed by Judge Brian S. Miller on 9/10/09. (dac)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHNNY RAY HAWTHONE ADC #110572 VS. STATE OF ARKANSAS; LARRY NORRIS, Director Arkansas Department of Correction ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. Judgment will be entered accordingly. IT IS THEREFORE ORDERED that: 1. MOOT. 2. The Petition for a Writ of Habeas Corpus, under 28 U.S.C. § 2254 (docket entry #2), Petitioner's Motion to Proceed In Forma Pauperis (docket entry #1) is DENIED, AS 5:09CV00193 BSM/JTR
is DISMISSED, WITHOUT PREJUDICE, so that Petitioner may seek authorization from the Eighth Circuit, pursuant to 28 U.S.C. § 2244(b)(3)(A), to file a successive habeas petition. Dated this 10th day of September, 2009.
________________________________________ UNITED STATES DISTRICT JUDGE
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