Lamar v. Hobbs
ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 and dismissing the petition without prejudice. Signed by Judge D. P. Marshall Jr. on 7/3/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ANTHONY D. LAMAR
ADC # 120479
RAY HOBBS, Director, Arkansas
Department of Correction
Magistrate Judge Ray entered his proposed findings and recommended
disposition in this case on 11 June 2012. Document No.7. Lamar timely
objected. Document No.8. After a de novo review, the Court adopts Judge
Ray's findings and recommended disposition as its own.
R. Crv. P.
Lamar's earlier habeas corpus petition was dismissed because it was
untimely. This was an adjudication on the merits, which makes his current
petition a second or successive" petition under 28 U.S.C. § 2244(b). In re
Rains, 659 F.3d 1274, 1275 (10th Cir. 2011); Quezada v. Smith, 624 F.3d 514, 518
(2d Cir. 2010); McNabb v. Yates, 576 F.3d 1028, 1030 (9th Cir. 2009). "Before a
second or successive application ... is filed in the district court, the applicant
shall move in the appropriate court of appeals for an order authorizing the
district court to consider the application." 28 U.S.C. § 2244(b )(3)(A). Lamar's
habeas corpus petition is therefore dismissed without prejudice so that he may
seek authorization from the U.5. Court of Appeals for the Eighth Circui t to file
his successive habeas petition.
D.P. Marshall Jr.
United States District Judge
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?