Williams v. Hobbs
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RAY HOBBS, Director,
Arkansas Department of Correction
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
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
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