Williams v. Hobbs

Filing 11

ORDER ADOPTING 8 Report and Recommendations in their entirety; therefore, respondent's motion to dismiss 6 is GRANTED, and this habeas petition is DISMISSED WITHOUT PREJUDICE; a certificate of appealability is DENIED. Signed by Judge Susan Webber Wright on 3/12/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOSÈ WILLIAMS ADC #115281 V. PETITIONER 5:12cv00025 SWW-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 and the filed objections. 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 Respondent’s Motion to Dismiss (docket entry #6) is GRANTED, and this 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. IT IS FURTHER ORDERED THAT a Certificate of Appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts. DATED this 12th day of March, 2012 /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2

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