Winnett v. Kelley
ORDER adopting 8 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing 2 petition without prejudice so that Winnett may seek authorization from the Eighth Circuit Court of Appeals. A Certificate of Appealability is DENIED. Signed by Judge Susan Webber Wright on 7/21/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DONALD FELIX WINNETT
WENDY KELLEY, Director,
Arkansas Department of Correction
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 consideration, 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:
The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254, Docs.
2 & 5, is DISMISSED, WITHOUT PREJUDICE, so that Winnett 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.
IT IS SO ORDERED THIS 21ST DAY OF JULY, 2015.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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