Cobb v. Hobbs

Filing 5

ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS: Granting 1 MOTION for Leave to Proceed in forma pauperis; 2 Petition for Writ of Habeas Corpus filed by Louis Kenjuan Cobb is dismissed without prejudice so that Petitioner may seek authorization from the Eighth Circuit to file a successive habeas petition. Signed by Judge J. Leon Holmes on 9/7/12. (dac)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LOUIS KENJUAN COBB ADC #114973 v. PETITIONER No. 5:12CV00274 JLH/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 notice of appeal 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: 1. Petitioner’s Motion to Proceed In Forma Pauperis (docket entry #1) is GRANTED. 2. The Petition for a Writ of Habeas Corpus, under 28 U.S.C. § 2254 (docket entry #2), is DISMISSED, WITHOUT PREJUDICE, so that Petitioner may seek authorization from the Eighth Circuit to file a successive habeas petition. DATED this 7th day of September, 2012. UNITED STATES DISTRICT JUDGE

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