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)

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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. ยง 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

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