Bower v. Hobbs

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 dismissing 2 Petition for Writ of Habeas Corpus filed by Richard Bower without prejudice ; granting 1 Motion for Leave to Proceed in forma pauperis. A certificate of appealability is denied. Signed by Judge D. P. Marshall Jr. on 2/25/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICHARD BOWER
ADC#144498

v.

PETITIONER
No. 5:13-cv-11-DPM-JTR
RESPONDENT

RAY HOBBS, Director, ADC
ORDER

Bower has not opposed Magistrate Judge J. Thomas Ray's Proposed
Findings and Recommended Disposition, Document No.3. Reviewing for
clear errors of fact on the face of the record, FED. R. CIV. P. 72(b) (Advisory
Committee notes to 1983 Addition), and for legal error, the Court adopts the
proposal. Bower cannot proceed with his successive petition in this Court
without permission from the Court of Appeals. Bower's motion to proceed
in forma pauperis, Document No. 1, is granted. His petition for writ of habeas
corpus, Document No.2, is dismissed without prejudice. 28 U.S.C. § 2244(b)(2).

A certificate of appealability is denied.
So Ordered.

D.P. Marshall Jr. V
United States District Judge