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)

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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. ยง 2244(b)(2). A certificate of appealability is denied. So Ordered. D.P. Marshall Jr. V United States District Judge

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