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)

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