Millsap v. Hobbs

Filing 5

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE CHARLES MILLSAP, JR. ADC #113121 V. PETITIONER NO. 5:12cv00401 JMM/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 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 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 Court of Appeals, pursuant to 28 U.S.C. § 2244(b)(3)(A), to file a successive habeas petition; and 3. 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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