Hall v. Hobbs

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 ; granting 6 Motion to Dismiss; finding as moot 10 Motion for Discovery; finding as moot 10 Motion for Hearing. A certificate of appealability will not issue because Hall has not made a substantial showing of the violation of any right. 28 U.S.C. § 2253(c). Signed by Judge D. P. Marshall Jr. on 12/19/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

TOMMY D. HALL,
ADC #105963

v.

PETITIONER
5:13-cv-340-DPM-BD

RAY HOBBS, Director, ADC

RESPONDENT

ORDER
The Court has considered Magistrate Judge Beth Deere's recommended
disposition, NQ 9, and Hall's objections, NQ 11. After reviewing de novo, the
Court adopts Judge Deere's recommendation.

FED.

R. CIV. P. 72(b)(3).

McQuiggin v. Perkins, 133 S. Ct.1924 (2013), is not directly in point: Hall must
get permission from the Court of Appeals to file any successive petition.
Motion to dismiss, NQ 6, granted. Motion for discovery and hearing, NQ 10,
denied as moot. Hall's petition for writ of habeas corpus is dismissed without
prejudice. A certificate of appealability will not issue because Hall has not
made a substantial showing of the violation of any right. 28 U.S.C. § 2253(c).

So Ordered.

-2-