Rueda v. Hobbs

Filing 5

ORDER ADOPTING 4 Report and Recommendations with a small change; Rueda's Motion for Leave to Proceed in forma pauperis 1 is granted, not denied as moot; his habeas petition 2 is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 2/28/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JULIAN RUEDA
ADC#140164

PETITIONER
No. 5:13-cv-21-DPM-BD

v.

RESPONDENT

RAY HOBBS, Director, ADC
ORDER

Rueda has not opposed Magistrate Judge Beth Deere's Proposed
Findings and Recommended Disposition, Document No. 4. 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 with a small change. Rueda cannot proceed with his successive
petition in this Court without permission from the Eighth Circuit Court of
Appeals. 28 U .S.C. § 2244(b) (2). Rueda's motion to proceed in forma pauperis,
Document No. 1, is granted-not denied as moot. His petition for writ of
habeas corpus, Document No.2, is dismissed without prejudice.

So Ordered.
D.P. Marshall Jr.
tY
United States District Judge