Mosley v. Kelley

Filing 5

ORDER adopting 3 the proposed findings and recommended disposition; granting 1 Plaintiff Mosley's motion for leave to proceed in forma pauperis; dismissing, without prejudice, 2 the petition for writ of habeas corpus so that Mosley may see k authorization from the Eighth Circuit Court of Appeals to file a successive habeas; and denying a certificate of appealability, as there is no issue on which Mosley has made a substantial showing of denial of a constitutional right. Signed by Chief Judge Brian S. Miller on 10/15/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TOMMY RAY MOSLEY
ADC #85548
V.

PETITIONER

CASE NO. 5:15cv00297-BSM-JTR

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge J. Thomas Ray and the petitioner’s objections thereto have been reviewed.
After careful consideration of these documents and making a de novo review of the record,
the proposed findings and recommended disposition are hereby adopted in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff Mosley’s motion for leave to proceed in forma pauperis [Doc. No. 1]

is granted.
2.

The petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc. No.

2] filed by Mosley is dismissed without prejudice so that Mosley 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, as there is no issue on which Mosley

has made a substantial showing of denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2).

IT IS SO ORDERED this 15th day of October 2015.

_____________________________________
UNITED STATES DISTRICT JUDGE