Herrod v. Hobbs

Filing 23

ORDER inviting Herrod to file a response to 21 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Ray Hobbs, on or before 8/30/12. Signed by Magistrate Judge H. David Young on 7/31/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION SHELDRICK J. HERROD v. PETITIONER NO. 5:12CV00073 JLH/HDY RAY HOBBS, Director of the Arkansas Department of Correction RESPONDENT ORDER Petitioner Sheldrick J. Herrod (“Herrod”) commenced this case by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Respondent Ray Hobbs (“Hobbs”) has now filed a motion to dismiss the petition. See Document 21. He maintains that Herrod’s petition should be dismissed because it is a second or successive petition, and he did not obtain permission from the Court of Appeals before filing the petition. Before giving Hobbs’ assertion serious consideration, the Court invites Herrod to file a response to the motion. He is given up to, and including, August 30, 2012, to file a response. IT IS SO ORDERED this 31 day of July, 2012. UNITED STATES MAGISTRATE JUDGE

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