Hall v. Hobbs

Filing 14

ORDER ADOPTING 10 Report and Recommendations as this Court's findings in all respects. Respondent's 6 Motion to Dismiss is granted. The petition for writ of habeas corpus is dismissed, without prejudice. A certificate of appealability is denied pursuant to Rule 11 (a) of the Rules Governing Section 2254 cases. Signed by Judge J. Leon Holmes on 3/31/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TOMMY D. HALL
ADC #105963
v.

PETITIONER

NO. 5:13CV00339 JLH-JTR

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
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 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 is GRANTED (Document #6);

2.

The petition for writ of habeas corpus under 28 U.S.C. § 2254 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; and
3.

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 31st day of March, 2014.

_________________________________
UNITED STATES DISTRICT JUDGE