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Jefferson v. Kelly

United States District Court, E.D. Arkansas, Pine Bluff Division

July 8, 2015

WESLEY JEFFERSON, ADC #104933, Petitioner,
v.
WENDY KELLY, Director, Arkansas Department of Correction, Respondent.

ORDER

JAMES M. MOODY, Jr., District Judge.

The Court has reviewed the Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the objections filed by Petitioner. 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. Petitioner's Motion to Proceed In Forma Pauperis, Doc. 1, is GRANTED;

2. The 28 U.S.C. § 2254 Petition for a Writ of Habeas Corpus, Doc. 2, is DISMISSED, WITHOUT PREJUDICE, so that Petitioner 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;

3. 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; Slack v. McDaniel, 529 U.S. 473, 484 (2000); and

4. Petitioner's "Motion to Proceed Under 28 U.S.C. § 2254" ( doc. 3 ) is DENIED, AS MOOT.


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