Campbell v. Houston et al

Filing 26

MEMORANDUM AND ORDER - For the reasons set forth in the courts 8/18/08 Memorandum and Order, Petitioner's Petition for Writ of Habeas Corpus 1 is an unauthorized successive petition and is dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HERBERT L. CAMPBELL, Petitioner, v. BOB HOUSTON, Director, and UNKNOWN BAKEWELL, Warden, Respondents. ) ) ) ) ) ) ) ) ) ) CASE NO. 4:08CV3092

MEMORANDUM AND ORDER

This matter is before the court on its own motion. On August 18, 2008, the court stayed this matter and permitted Petitioner the opportunity to seek authorization from the Eighth Circuit to proceed with his successive Petition for Writ of Habeas Corpus. (Filing No. 22.) Petitioner sought such authorization, which the Eighth Circuit denied. (Filing Nos. 24 and 25.) IT IS THEREFORE ORDERED that: 1. For the reasons set forth in the court's August 18, 2008, Memorandum and Order, Petitioner's Petition for Writ of Habeas Corpus (Filing No. 1) is an unauthorized successive petition and is dismissed without prejudice; and A separate judgment will be entered in accordance with this Memorandum and Order.

2.

DATED this 3rd day of November, 2009. BY THE COURT:

s/Laurie Smith Camp United States District Judge