Skinner v. Hobbs

Filing 2

ORDER DISMISSING petition for habeas corpus, pending an an order from the Eighth Circuit Court of Appeals containing authorization for filing. Signed by Judge James M. Moody on 2/2/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

MITCHELL WADE SKINNER
ADC #107499

PETITIONER

CASE NO. 5:12-CV-0035 JMM-JTK

v.
RAY HOBBS, Director

RESPONDENT
Arkansas Department of Correction
ORDER
Petitioner, an inmate in the Arkansas Department of Correction, has filed a Petition
for Writ of Habeas Corpus under 28 U.S.C. § 2254. Petitioner has failed to obtain leave
before filing this successive petition. Before a second or successive application can be filed
or considered by the district court, Petitioner must obtain leave from the Eighth Circuit Court
of Appeals. See 28 U.S.C. § 2244(b)(3)(A); Cox v. Norris, 167 F.3d 1211, 1212 (8th Cir.
1999). This Court cannot grant Petitioner leave to pursue the present action.
If Petitioner wishes to pursue his petition, he must file it with the Eighth Circuit Court
of Appeals, whose address is as follows: Thomas F. Eagleton U.S. Courthouse, 111 South
10th Street, St. Louis, Missouri 63102. Further, Petitioner is advised that his petition must
provide the following information under 8th Cir. R. 22B: (1) the grounds for relief; (2) if
available, the filing dates, captions, docket numbers, and courts where all prior habeas
proceedings or Section 2255 motions and appeals were filed; and (3) the outcome of all
former habeas proceedings or Section 2255 motions and appeals, including whether any prior

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petition was dismissed without prejudice or for failure to exhaust state remedies.
THEREFORE, the pending petition for habeas corpus relief is hereby dismissed, pending an
order from the Eighth Circuit Court of Appeals containing authorization for filing.
SO ORDERED this 2nd day of February, 2012.

____________________________________
UNITED STATES DISTRICT JUDGE

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