Hawthone v. Hobbs

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying petitioner's motion to proceed ifp as moot 1 ; dismissing the petition for writ of habeas corpus, without prejudice, and denying all other motions as moot. Signed by Judge Brian S. Miller on 9/15/10. (bkp)

Hawthone v. Hobbs

Doc. 8

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHNNIE RAY HAWTHONE v. CASE NO. 5:10cv00185 BSM/JTR PETITIONER

STATE OF ARKANSAS; RAY HOBBS, Interim Director, Arkansas Department of Correction ORDER

RESPONDENTS

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, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety 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 [Doc. No. 2], Petitioner's motion to proceed in forma pauperis [Doc. No. 1] is DENIED, AS

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. 3. All other motions are denied as moot.

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Dated this 15th day of September, 2010. ________________________________ UNITED STATES DISTRICT JUDGE

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