Sherman v. Hobbs
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PATRICK L. SHERMAN
NO. 5:13cv00213 SWW-JTR
RAY HOBBS, Director,
Arkansas Department of Correction
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:
Respondent’s Motion to Dismiss, Doc. #5, is GRANTED;
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;
Petitioner’s Motion to Declare § 2244(b)(3)(A) Unconstitutional, Doc.
#6, is DENIED, WITHOUT PREJUDICE; and
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
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?