Neal v. Hobbs
ORDER ADOPTING 15 Report and Recommendations granting Defendants 11 Motion to Dismiss. Signed by Judge Susan Webber Wright on 6/22/2012. (pag)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WOODROW NEAL, JR.
NO. 5:11CV00331 SWW
RAY HOBBS, Director of the
Arkansas Department of Correction
The Court has received findings and a recommendation from Magistrate Judge H.
David Young. No objections have been filed. After a careful, de novo review of the
record, the Court concludes that the findings and recommendation should be, and hereby
are, approved and adopted in their entirety as this Court’s findings in all respects. The
motion to dismiss filed by respondent Ray Hobbs (“Hobbs”) is granted, see Document 11,
and the petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by petitioner
Woodrow Neal, Jr., (“Neal”) is dismissed. All requested relief is denied, and, in
accordance with Rule 11(a) of the Rules Governing Section 2254 Cases In The United
States District Courts, a certificate of appealability is denied. Judgment will be entered
Neal is cautioned regarding the following matter: the petition at bar marks his
fourth challenge to some aspect of his conviction and/or sentence in CR-1997-202. In his
three most recent petitions, he offered no reason for attacking the conviction and/or
sentence nor did he obtain the approval of the Court of Appeals before filing the
petitions. Neal is cautioned that his continued filing of petitions devoid of a reason for
challenging his conviction and/or sentence in CR-1997-202, and filing petitions
challenging that conviction and/or sentence without the approval of the Court of
Appeals, will result in sanctions.
IT IS SO ORDERED this 22nd day of June, 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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