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RHODES v. HOBBS, 5:11CV00156 JLH-JJV. (2012)

Court: District Court, E.D. Arkansas Number: infdco20120418978 Visitors: 11
Filed: Apr. 17, 2012
Latest Update: Apr. 17, 2012
Summary: ORDER J. LEON HOLMES, District Judge. United States Magistrate Judge Joe J. Volpe has submitted Proposed Findings and Recommended in which he recommends that this petition be dismissed without prejudice so that the petitioner, Jarvis Rhodes, can obtain authorization from the United States Court of Appeals for a second or successive petition. Rhodes has responded and also requested that the Court dismiss this petition so that he can obtain authorization from the appropriate court of appeals. W
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ORDER

J. LEON HOLMES, District Judge.

United States Magistrate Judge Joe J. Volpe has submitted Proposed Findings and Recommended in which he recommends that this petition be dismissed without prejudice so that the petitioner, Jarvis Rhodes, can obtain authorization from the United States Court of Appeals for a second or successive petition. Rhodes has responded and also requested that the Court dismiss this petition so that he can obtain authorization from the appropriate court of appeals. Without objection, the petition of Jarvis Rhodes for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE so that Rhodes can seek authorization from the United States Court of Appeals for the Eighth Circuit to file a second or successive petition.

IT IS SO ORDERED.

Source:  Leagle

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