Millsap v. Hobbs
ORDER approving and adopting 3 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; granting 1 Petitioner's Motion to Proceed In Forma Pauperis; dismissing 2 Petition for Writ of Habeas Corpus without prejudice, so that Petitioner may seek authorization from the Eighth Circuit Court of Appeals; and denying a certificate of appealability. Signed by Judge James M. Moody on 11/5/2012. (dmn)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEE CHARLES MILLSAP, JR.
NO. 5:12cv00401 JMM/JTR
RAY HOBBS, Director,
Arkansas Department of Correction
The Court has reviewed the Proposed Findings and Recommended
Disposition submitted by United States Magistrate Judge J. Thomas Ray and the
filed objections. 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
IT IS THEREFORE ORDERED THAT:
Petitioner’s Motion to Proceed In Forma Pauperis (docket entry #1) is
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 Court of Appeals, pursuant to 28 U.S.C.
§ 2244(b)(3)(A), to file a successive habeas petition; and
A Certificate of Appealability is DENIED pursuant to Rule 11(a) of
the Rules Governing Section 2254 Cases in the United States District Courts.
DATED this 5th day of November, 2012.
UNITED STATES DISTRICT JUDGE
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