Hall v. Hobbs
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
NO. 5:13CV00339 JLH-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 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
IT IS THEREFORE ORDERED THAT:
Respondent’s motion to dismiss is GRANTED (Document #6);
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
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
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