Hill v. Kelley

Filing 11

ORDER approving and adopting in its entirety the 7 Recommended Disposition as this Court's findings in all respects; granting Hill's 6 motion for leave to proceed in forma pauperis; denying as moot Hill's 3 and 5 motions to cor rect; dismissing without prejudice Hill's 28 U.S.C. § 2254 petition for writ of habeas corpus 1 so that Hill may seek authorization from the Eighth Circuit Court of Appeals to file a successive habeas petition; and denying a certificate of appealability. Signed by Judge J. Leon Holmes on 9/28/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JESSIE HILL, ADC #104136
v.

PETITIONER
NO. 5:16CV00258-JLH-JTR

WENDY KELLEY, 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 filed objections. 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 RECOMMENDED THAT:
1.

Hill’s motion for leave to proceed in forma pauperis is GRANTED. Document #6.

2.

Hill’s motions to correct are DENIED as moot. Documents #3 and #5.

3.

Hill’s 28 U.S.C. § 2254 petition for writ of habeas corpus is DISMISSED WITHOUT

PREJUDICE, so that Hill 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. Document #1.
4.

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.
DATED this 28th day of September, 2016.

_________________________________
UNITED STATES DISTRICT JUDGE