Latham v. Hobbs

Filing 4

ORDER approving and adopting in their entirety in all respects 3 Proposed Findings and Recommended Disposition; granting 1 Motion to Proceed In Forma Pauperis; and dismissing without prejudice 2 Petition for a Writ of Habeas Corpus so that Petitioner may seek authorization from the Eighth Circuit to file a successive habeas petition. Signed by Judge Susan Webber Wright on 11/5/2014. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PAUL LATHAM
ADC #75647
V.

PETITIONER

NO. 5:14CV00300 SWW/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. No objections have been filed. After careful
review, 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.

Petitioner’s Motion to Proceed In Forma Pauperis (docket entry #1) is GRANTED.

2.

The Petition for a Writ of Habeas Corpus, under 28 U.S.C. § 2254 (docket entry #2),

is DISMISSED, WITHOUT PREJUDICE, so that Petitioner may seek authorization from the Eighth
Circuit, pursuant to 28 U.S.C. § 2244(b)(3)(A), to file a successive habeas petition.
IT IS SO ORDERED THIS 5TH DAY OF NOVEMBER, 2014.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE