Winnett v. Kelley, No. 5:2015cv00181 - Document 10 (E.D. Ark. 2015)

Court Description: ORDER adopting 8 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing 2 petition without prejudice so that Winnett may seek authorization from the Eighth Circuit Court of Appeals. A Certificate of Appealability is DENIED. Signed by Judge Susan Webber Wright on 7/21/2015. (ks)

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Winnett v. Kelley Doc. 10 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DONALD FELIX WINNETT ADC #139544 V. PETITIONER NO. 5:15cv00181-SWW-JTR WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. Judgment will be entered accordingly. IT IS THEREFORE ORDERED THAT: 1. The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254, Docs. 2 & 5, is DISMISSED, WITHOUT PREJUDICE, so that Winnett 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 Dockets.Justia.com 2. A Certificate of Appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts. IT IS SO ORDERED THIS 21ST DAY OF JULY, 2015. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2

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