Kemp v. Kelly

Filing 9

ORDER approving and adopting 5 Recommended Disposition in its entirety as this Court's findings in all respects; granting Petitioner Lamar Kemp's 3 motion for leave to proceed in forma pauperis; dismissing Mr. Kemp's 1 petition f or writ of habeas corpus without prejudice so that Mr. Kemp may seek authorization from the Eighth Circuit Court of Appeals to file a successive habeas petition; denying all pending motions as moot; and denying a certificate of appealability. Judgment will be entered accordingly. Signed by Judge Kristine G. Baker on 12/01/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LAMAR KEMP
ADC # 085183
v.

PETITIONER
Case No. 5:16-cv-00231-KGB/JTR

WENDY KELLEY, Director,
Arkansas Department of Correction

DEFENDANT
ORDER

The Court has reviewed the Recommended Disposition submitted by United States
Magistrate Judge J. Thomas Ray (Dkt. No. 5). No objections have been filed, although petitioner
Lamar Kemp submitted a filing regarding his underlying Petition (Dkt. No. 6). After careful
consideration, 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 Lamar Kemp’s motion for leave to proceed in forma pauperis is

granted (Dkt. No. 3).
2.

Mr. Kemp’s petition for writ of habeas corpus under 28 U.S.C. § 2254 is

dismissed without prejudice so that Mr. Kemp 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
(Dkt. No. 1). All pending motions are denied as moot (Dkt. Nos. 7; 8).
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.
Dated this 1st day of December, 2016.
_______________________________
Kristine G. Baker
United States District Judge