Norton v. Hobbs

Filing 15

ORDER ADOPTING 14 the proposed findings and recommended disposition; granting 8 Respondent's motion to dismiss and dismissing 1 Stanley Turner Norton's petition for a writ of habeas corpus without prejudice so that he may seek authorization from the Eighth Circuit Court of Appeals, pursuant to 28 U.S.C. § 2244(b)(3)(A), to file a successive habeas petition. A certificate of appealability is denied. Signed by Chief Judge Brian S. Miller on 11/20/2012. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
STANLEY TURNER NORTON
ADC #99798
v.

PETITIONER

CASE NO. 5:12CV00067 BSM

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The proposed findings and recommended disposition [Doc. No. 14] submitted by
United States Magistrate Judge J. Thomas Ray have been reviewed. No objections have been
filed. After carefully considering these documents and making a de novo review of the
record, it is found that the proposed findings and recommended disposition should be, and
hereby are, approved and adopted in their entirety.
IT IS THEREFORE ORDERED THAT:
1.

The motion to dismiss [Doc. No. 8] of respondent Ray Hobbs is granted, and

Stanley Turner Norton’s petition for a writ of habeas corpus [Doc. No. 1] is dismissed
without prejudice so that he may seek authorization from the Eighth Circuit Court of
Appeals, pursuant to 28 U.S.C. § 2244(b)(3)(A), to file a successive habeas petition.
2.

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 20th day of November 2012.

UNITED STATES DISTRICT JUDGE