Williams v. Kelley
ORDER approving and adopting in its entirety the 4 Recommended Disposition as this Court's findings in all respects; granting Williams's 1 Motion for Leave to Proceed In Forma Pauperis; dismissing, without prejudice, Williams's [2 ] Petition for Writ of Habeas Corpus and 3 Amended Petition so that Williams may seek authorization from the Eighth Circuit Court of Appeals to file a successive habeas; and denying a Certificate of Appealability. The Court directs that the Clerk forward Williams's 5 motion for leave to file a successive habeas petition to the United States Court of Appeals for the Eighth Circuit for filing in that Court. Signed by Judge Susan Webber Wright on 4/27/2017. (ljb)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOSE F. WILLIAMS
WENDY KELLEY, Director,
Arkansas Department of Correction
The Court has reviewed the Recommended Disposition submitted by United
States Magistrate Judge J. Thomas Ray. No objections have been filed. 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.
The Court notes that apparently in response to the Magistrate Judge’s
Recommended Disposition, Williams has filed a motion [doc.#5] for leave to file a
successive habeas corpus petition. That motion, however, must be resolved by the
United States Court of Appeals of the Eighth Circuit. See 28 U.S.C. §
2244(b)(3)(A) (“Before a second or successive application permitted by this
section is filed in the district court, the applicant shall move in the appropriate
court of appeals for an order authorizing the district court to consider the
application.”). Accordingly, the Court will direct that the Clerk forward
Williams’s motion to the Eighth Circuit for filing.
IT IS THEREFORE ORDERED THAT:
Williams’s Motion for Leave to Proceed In Forma Pauperis [doc.#1]
The Petition for Writ of Habeas Corpus under 28 U.S.C. ' 2254
[doc.#2] and the Amended Petition [doc.#3] are DISMISSED, WITHOUT
PREJUDICE, so that Williams 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
A Certificate of Appealability is DENIED pursuant to Rule 11(a) of the
Rules Governing Section 2254 Cases in the United States District Courts.
The Court directs that the Clerk forward Williams’s motion [doc.#5]
for leave to file a successive habeas petition to the United States Court of Appeals
for the Eighth Circuit for filing in that Court.1
DATED this 27th day of April, 2017.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
1 Williams’s motion should be termed as a pending motion in this Court.
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