Phillips v. Hobbs

Filing 7

ORDER ADOPTING 5 Report and Recommendations in their entirety; therefore, the petition for writ of habeas coprus is DISMISSED WITHOUT PREJUDICE, so that petitioner may seek authorization from the Eighth Circuit to file a successive habeas petition. Signed by Judge Susan Webber Wright on 6/28/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

CORELANIUS TORIANO PHILLIPS
ADC #099996

VS.

PETITIONER

5:12CV00192 SWW/JTR

RAY HOBBS, Director
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge J. Thomas Ray and the objections filed by Petitioner. After
carefully considering these documents and making a de novo review of the record in this case, the
Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby
are, approved and adopted in their entirety as this Court's findings in all respects. Judgment will be
entered accordingly.
IT IS THEREFORE ORDERED THAT the Petition for a Writ of Habeas Corpus, under 28
U.S.C. § 2254 (docket entry #1), is DISMISSED, WITHOUT PREJUDICE, so that Petitioner may
seek authorization from the Eighth Circuit, pursuant to 28 U.S.C. § 2244(b)(3)(A), to file a
successive habeas petition.
Dated this 28th day of June 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE