Hinkston v. Kelly

Filing 7

ORDER adopting the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray; Hinkston's motion for leave to proceed in forma pauperis is granted 1 ; the Petition for Writ of Habeas Corpus is dismis sed, without prejudice so that Hinkston may seek authorization from the Eighth Circuit Court of Appeals 3 ; a certificate of appealability is denied; Hinkston's motion for leave to file habeas corpus petition 2 and motion for appointment of counsel are denied as moot 4 . Signed by Judge Susan Webber Wright on 3/31/16. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL WAYNE HINKSTON
ADC #113148
V.

PETITIONER

NO. 5:16cv00077-SWW-JTR

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
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 entered accordingly.
IT IS THEREFORE ORDERED THAT:
1.

Hinkston’s Motion for Leave to Proceed In Forma Pauperis, Doc. 1, is

GRANTED;
2.

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

is DISMISSED, WITHOUT PREJUDICE, so that Hinkston 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 pursuant to Rule 11(a) of the

Rules Governing Section 2254 Cases in the United States District Courts; and
4.

Hinkston’s Motion for Leave to File Habeas Corpus Petition, Doc. 2, and

Motion for Appointment of Counsel, Doc. 4, are DENIED as moot.
DATED this 31st day of March, 2016.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE