Makkali v. Hobbs

Filing 28

ORDER ADOPTING 21 the proposed findings and recommended disposition; dismissing 2 petitioner's writ of habeas corpus, without prejudice; and certifying that a certificate of appealability is denied. Signed by Chief Judge Brian S. Miller on 12/2/2013. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MALIK MAKKALI a/k/a GARY CLOIRD ADC #99357 v. PETITIONER CASE NO. 5:13CV00201 BSM RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER The proposed findings and recommended disposition from United States Magistrate Judge H. David Young have been reviewed, along with the objections filed by petitioner. After careful considering these documents and conducting a de novo review of the record in this case, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in all respects. It is therefore ordered that petitioner’s writ of habeas corpus under 28 U.S.C. § 2254 [Doc. No. 2] is dismissed without prejudice so that he may seek permission from the Court of Appeals to file his petition. It is further ordered that a certificate of appealability is denied pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts. An appropriate judgment shall accompany this order. IT IS SO ORDERED this 2nd day of December 2013. ________________________________ UNITED STATES DISTRICT JUDGE

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