Moss v. Hobbs

Filing 12

ORDER ADOPTING 9 Report and Recommendations in their entirety; therefore, this petition for writ of habeas corpus is dismissed without prejudice; judgment will be entered accordingly. Signed by Judge Brian S. Miller on 6/9/11. (vjt)

Download PDF
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHN THOMAS MOSS v. PETITIONER CASE NO. 5:10cv00360 BSM RAY HOBBS, Director of the Arkansas Department of Correction RESPONDENT ORDER The proposed findings and recommendations submitted by United States Magistrate Judge H. David Young and the filed objections have been reviewed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommendations should be, and hereby are, approved and adopted in their entirety in all respects. Judgment will be entered accordingly. In his response petitioner John Thomas Moss (“Moss”) acknowledges that he must first seek permission from the Eighth Circuit to file a second or successive petition. He requests that this court grant him permission to seek that authorization. Permission from this court is not required. To obtain authorization to file a second or successive petition, Moss must take his request directly to the Eighth Circuit. Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2254 cases in the United States District Court, it must be determined whether to issue a certificate of appelability in the final order. In § 2254 cases, a certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). There is no issue on which petitioner has made a substantial showing of a denial of a constitutional right. Thus, the certificate of appealability is denied. IT IS SO ORDERED this 9th day of June, 2011. _________________________________ UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?