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)

Download PDF
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 1 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?