Millsap v. Hobbs
ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 ; granting 1 Motion for Leave to Proceed in forma pauperis filed by Lee Charles Millsap, Jr, ; and dismissing the case without prejudice so that Petitioner may seek authorization from the Eighth Circuit to file a successive habeas petition; dismissing petitioner's motions for appt. of counsel as moot 7 4 . Signed by Judge James M. Moody on 9/7/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEE CHARLES MILLSAP, JR.
LARRY NORRIS, Director
Arkansas Department of Correction
The Court has reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge J. Thomas Ray and the objections filed
by Petitioner. After carefully considering these documents and making a de novo
review of the record in this case, the Court concludes that the Proposed Findings and
Recommended Disposition should be, and hereby are, approved and adopted in their
entirety as this Court's findings in all respects. Judgment will be entered accordingly.
IT IS THEREFORE ORDERED THAT:
Petitioner’s Motion to Proceed In Forma Pauperis (docket entry #1) is
The Petition for a Writ of Habeas Corpus, under 28 U.S.C. § 2254
(docket entry #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.
Petitioner’s Motions for Appointment of Counsel (docket entries #4 and
#7) are DENIED, AS MOOT.
Dated this 7 day of September , 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?