Moore v. Hobbs

Filing 14

ORDER adopting 12 proposed findings and recommended disposition in their entirety in all respects. Accordingly, Hobbs's 8 motion to dismiss is granted. Plaintiff's petition is dismissed without prejudice. It is further ordered that a certificate of appealability is denied. See Rule 11(a) of the Rules Governing Section 2254 Cases In The United States District Courts. Signed by Chief Judge Brian S. Miller on 2/19/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARTINOUS MOORE
v.

PETITIONER
CASE NO. 5:13CV00331 BSM

RAY HOBBS, Director of the
Arkansas Department of Correction

RESPONDENT
ORDER

The proposed findings and recommended disposition received from Magistrate Judge
H. David Young have been reviewed, along with the filed objections. After careful
consideration and a de novo review of the record, it is concluded that the proposed findings
and recommended disposition should be, and hereby are, approved and adopted in their
entirety in all respects.
Accordingly, Ray Hobbs’s motion to dismiss [Doc. No. 8] is granted. Martinous
Moore’s petition is dismissed without prejudice so that he may seek permission from the
Court of Appeals to file his petition. It will not be transferred to the Court of Appeals. It is
further ordered that a certificate of appealability is denied. See Rule 11(a) of the Rules
Governing Section 2254 Cases In The United States District Courts.
IT IS SO ORDERED this 19th day of February 2014.

UNITED STATES DISTRICT JUDGE