Millsap v. Norris

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 denying 1 Motion for Leave to Proceed in forma pauperis filed by Lee Charles Millsap, Jr.; finding as moot 5 Motion to Appoint Counsel filed by Lee Charles Millsap, Jr, and dismissing the petition for a writ of habeas corpus without prejudice so petitioner can seek authorization to file a successive habeas petition. Signed by Judge James M. Moody on 11/9/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE CHARLES MILLSAP, JR. ADC #113121 VS. 5:09CV00311- JMM/JTR RESPONDENT ORDE R 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, PETITIONER LARRY NORRIS, Director Arkansas Department of Correction #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. (3) All pending motions are dismissed as moot. 9 day of November , 2009. ________________________________________ UNITED STATES DISTRICT JUDGE Dated this

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