Hill v. Kelley

Filing 5

ORDER approving and adopting in its entirety the 3 Recommended Disposition as this Court's findings in all respects; granting Hill's 1 motion for leave to proceed in forma pauperis; dismissing without prejudice the 2 petition for writ of habeas corpus 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. 5:16CV00277-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 ORDERED THAT:
1.

Hill’s motion for leave to proceed in forma pauperis is GRANTED. Document #1.

2.

The petition for writ of habeas corpus under 28 U.S.C. § 2254 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 #2.
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 28th day of September, 2016.

_________________________________
UNITED STATES DISTRICT JUDGE