Morgan v. Hobbs
ORDER ADOPTING 3 Proposed Findings and Recommended Disposition. Petitioner's 1 Motion for Leave to Proceed in forma pauperis is GRANTED; the 2 Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE, so that petitioner may seek authorization from the Eighth Circuit Court of Appeals to file a successive habeas petition. A certificate of appealability is denied. Signed by Judge J. Leon Holmes on 10/28/2014. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOE MORGAN, ADC #94725
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:
Petitioner’s motion for leave to proceed in forma pauperis is GRANTED
The petition for a writ of habeas corpus under 28 U.S.C. § 2254 is DISMISSED
WITHOUT PREJUDICE (Document #2) 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;
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 28th day of October, 2014.
UNITED STATES DISTRICT JUDGE
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