Millsap v. Hobbs

Filing 11

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE CHARLES MILLSAP, JR. ADC #113121 VS. PETITIONER 5:11CV00152 JMM/JTR LARRY NORRIS, Director Arkansas Department of Correction RESPONDENT ORDER 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: 1. Petitioner’s Motion to Proceed In Forma Pauperis (docket entry #1) is GRANTED. 2. 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. 3. 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

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