Hawthone v. Hobbs

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 denying 1 Motion for Leave to Proceed in forma pauperis and denying the Motion for Certificate of Appealability filed by Johnnie Ray Hawthone. The petition for writ of habeas corpus is dismissed without prejudice. Signed by Judge Brian S. Miller on 6/15/11. (kpr)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHNNIE RAY HAWTHONE
v.

PETITIONER

CASE NO. 5:11cv00045 BSM/JTR

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge J. Thomas Ray have been reviewed. No objections have been filed. After
careful review, 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.
When entering a final order adverse to a federal habeas petitioner, a certificate of
appelability must be issued or denied. Rule 11, Rules Governing § 2254 Cases in United
States District Courts. A certificate of appealability will issue only if the petitioner has made
a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). As
petitioner has not made the requisite showing, his motion for certificate of appealability is
denied.
IT IS THEREFORE ORDERED that:
1.

Petitioner's motion to proceed in forma pauperis [Doc. No. 1] is DENIED, AS

MOOT.
2.

The petition for a Writ of Habeas Corpus, under 28 U.S.C. § 2254 [Doc. No.

2], 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.

Petitioner’s motion for certificate of appealability is denied.

Dated this 15th day of June, 2011.

_________________________________
UNITED STATES DISTRICT JUDGE

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