Jefferson v. Kelly

Filing 6

ORDER ADOPTING 4 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 fro m the Eighth Circuit Court of Appeals to file a successive habeas petition; A Certificate of Appealability is DENIED; Petitioner's 3 "Motion to proceed 28 U.S.C. § 2254" is DENIED AS MOOT. Signed by Judge James M. Moody Jr. on 7/8/2015. (mcz)

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

WESLEY JEFFERSON
ADC #104933

V.

PETITIONER

NO. 5:15CV00186 JM/JTR

WENDY KELLY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The Court has reviewed the Recommended Disposition submitted by United
States Magistrate Judge J. Thomas Ray and the objections filed by Petitioner.
After carefully considering these documents and making a de novo review of the
record in this case, the Court concludes that the Recommended Disposition should
be, and hereby is, approved and adopted in its 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, Doc. 1, is

GRANTED;
2.

The 28 U.S.C. § 2254 Petition for a Writ of Habeas Corpus, Doc. 2, 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;
3.

A Certificate of Appealability is DENIED, see 28 U.S.C. §

2253(c)(1)-(2); Rule 11(a), Rules Governing § 2254 Cases in United States District
Courts; Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
4.

Petitioner’s “Motion to Proceed Under 28 U.S.C. § 2254” (doc. 3) is

DENIED, AS MOOT.
Dated this 8th day of July, 2015.

________________________________________
UNITED STATES DISTRICT JUDGE

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