Jefferson v. Arkansas, State of

Filing 5

ORDER approving and adopting in its entirety the 3 Recommended Disposition as this Court's findings in all respects; granting 1 Jefferson's Motion for Leave to Proceed In Forma Pauperis; dismissing, without prejudice, the 2 Petition for Writ of Habeas Corpus so that Jefferson may seek authorization from the Eighth Circuit Court of Appeals to file a successive habeas petition; and denying a Certificate of Appealability pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts. Signed by Judge James M. Moody Jr. on 11/21/2017. (ljb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WESLEY JEFFERSON
V.

PETITIONER
NO. 5:17CV00263-JM-JTR

STATE OF ARKANSAS

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.

Jefferson’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. 2, is

DISMISSED, WITHOUT PREJUDICE, so that Jefferson 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; and
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 21st day of November, 2017.

____________________________________
UNITED STATES DISTRICT JUDGE