Jones v. Hobbs

Filing 8

ORDER adopting 5 Report and Recommendations in their entirety; therefore, the petition for writ of habeas corpus is dismissed without prejudice to refiling if Petitioner obtains the necessary Order from the U.S. Court of Appeals for the Eighth Circuit; judgment will be entered accordingly. Signed by Judge G. Thomas Eisele on 6/8/10. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MILTON JASPER JONES ADC #088447 V. NO. 5:10cv00137 GTE RESPONDENT PETITIONER RAY HOBBS, Director, Arkansas Department of Correction ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau. There have been no objections. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, this 28 U.S.C. 2254 petition for writ of habeas corpus is a "second or successive application" under 2244(b) and requires prior Court of Appeals authorization. The petition (doc. 2) is, therefore, dismissed without prejudice to refiling if Petitioner obtains the necessary order from the United States Court of Appeals for the Eighth Circuit. IT IS SO ORDERED this 8th day of June, 2010. __/s/ Garnett Thomas Eisele_______ UNITED STATES DISTRICT JUDGE

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