Grant v. Hobbs

Filing 5

ORDER ADOPTING 3 Report and Recommendations in their entirety; therefore, this habeas petition is dismissed without prejudice for lack of jurisdiction; no certificate of appealability will be issued. Signed by Chief Judge J. Leon Holmes on 9/15/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ABRAHAM GRANT, ADC #128147
v.

PETITIONER

NO. 5:11CV00193 JLH

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

Abraham Grant has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
United States Magistrate Judge Beth Deere has submitted proposed findings and recommended
disposition in which she recommends that the Court dismiss Grant’s petition for writ of habeas
corpus without prejudice for lack of jurisdiction because this is a second or successive petition and
Grant has not sought or received authorization from the United States Court of Appeals for the
Eighth Circuit to file a second or successive habeas petition. No objections have been filed. After
careful review, the proposed findings and recommended disposition are adopted as the findings and
disposition of this Court in all respects. Grant’s petition for writ of habeas corpus is dismissed
without prejudice for lack of jurisdiction. No certificate of appealability will be issued.
IT IS SO ORDERED this 15th day of September, 2011.

___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE