Eagle v. Sharp

Filing 6

ORDER approving and adopting 5 Recommended Disposition as this Court's findings in all respects; dismissing Petitioner's 1 petition for writ of habeas corpus without prejudice for lack of jurisdiction; and denying his 2 motion for leave to proceed in forma pauperis as moot. A certificate of appealability is denied. Signed by Judge Kristine G. Baker on 04/28/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BENJAMIN L. EAGLE
v.

PETITIONER
Case No. 5:16-cv-00055 KGB/BD

SHELIA SHARP, Director,
Arkansas Department of Community Correction

RESPONDENT

ORDER
The Court has received the Recommended Disposition filed by United States Magistrate
Judge Beth Deere (Dkt. No. 5). Petitioner Benjamin L. Eagle has not filed any objections. After
careful review of the Recommended Disposition, the Court concludes that the Recommended
Disposition should be, and hereby is, approved and adopted as this Court’s findings in all
respects. Petitioner Benjamin L. Eagle’s petition for writ of habeas corpus is dismissed without
prejudice for lack of jurisdiction and his motion for leave to proceed in forma pauperis is denied
as moot (Dkt. Nos. 1; 2). Before filing a second or successive habeas corpus petition in federal
court, a petitioner must seek and receive an order from the appropriate court of appeals
authorizing the district court to consider the petition. 28 U.S.C. § 2244(b)(3)(A).
When entering a final order adverse to a habeas corpus petitioner, the Court must issue or
deny a certificate of appealability. See Rule 11 of the Rules Governing Section 2254 Cases. A
certificate of appealability may issue only if a petitioner has made a substantial showing of the
denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). In this case, there is no basis for this
court to issue a certificate of appealability. Accordingly, a certificate of appealability is denied.
So ordered this 28th day of April, 2016.
_______________________________
Kristine G. Baker
United States District Judge