Sherman v. Hobbs

Filing 15

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS; therefore, 5 MOTION to Dismiss Habeas Petition filed by Ray Hobbs, is GRANTED; 2 Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE; 6 MOTION for Order filed by Patrick L Sherman, is DENIED WITHOUT PREJUDICE; a certificate of appealability is DENIED. Signed by Judge Susan Webber Wright on 9/30/13. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PATRICK L. SHERMAN PETITIONER ADC #96304 V. NO. 5:13cv00213 SWW-JTR RAY HOBBS, Director, RESPONDENT Arkansas Department of Correction ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of pertinent portions of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. Judgment will be entered accordingly. IT IS THEREFORE ORDERED THAT: 1. Respondent’s Motion to Dismiss, Doc. #5, is GRANTED; 2. The Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254, Doc. #2, is DISMISSED, WITHOUT PREJUDICE, so that Petitioner may seek authorization from the Eighth Circuit Court of Appeals, pursuant to 28 U.S.C. § 2244(b)(3)(A), to file a successive habeas petition; 3. Petitioner’s Motion to Declare § 2244(b)(3)(A) Unconstitutional, Doc. #6, is DENIED, WITHOUT PREJUDICE; and 4. A Certificate of Appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts. DATED this 30th day of September, 2013. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?