Bader v. Norris

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 denying 1 Motion for Leave to Proceed in forma pauperis; and dismissing the petition for a writ of habeas corpus without prejudice. Signed by Judge William R. Wilson, Jr on 10/13/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION STEVE SCOTT BADER ADC #96787 VS. 5:09CV00218 WRW/JTR

PETITIONER

LARRY NORRIS, Director Arkansas Department of Correction ORDER

RESPONDENT

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. (1) AS MOOT. (2) The Petition for a Writ of Habeas Corpus, under 28 U.S.C. § 2254 (docket entry Petitioner's Motion to Proceed In Forma Pauperis (docket entry #1) is DENIED,

#2) is DISMISSED, WITHOUT PREJUDICE, so that Petitioner can seek authorization from the Eighth Circuit, pursuant to 28 U.S.C. § 2244(b)(3)(A), to file a successive habeas petition. Dated this 13th day of October, 2009.

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE