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)

Download PDF
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 2

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?