Howard v. Hobbs

Filing 27

ORDER ADOPTING 24 Report and Recommendations in their entirety; therefore, petitioner's 14 Motion for Relief is DENIED; the Petition for Writ of Habeas Corpus 1 is DISMISSED WITHOUT PREJUDICE. Signed by Judge J. Leon Holmes on 8/21/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CURTIS RAY HOWARD ADC #81086 v. PETITIONER No. 5:11CV00196 JLH/JTR RAY HOBBS, 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. No objections have been filed. After careful review, 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 for Relief Under Fed. R. Civ. P. 60(b)(6) (docket entry #14) is DENIED. IT IS FURTHER ORDERED THAT the Petition for a Writ of Habeas Corpus, under 28 U.S.C. § 2254 (docket entry #1), 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. DATED this 21st day of August, 2012. UNITED STATES DISTRICT JUDGE

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