Opinion
CASE NO. 5:12CV00067 BSM
11-20-2012
ORDER
The proposed findings and recommended disposition [Doc. No. 14] submitted by United States Magistrate Judge J. Thomas Ray have been reviewed. No objections have been filed. After carefully considering these documents and making a de novo review of the record, it is found that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety.
IT IS THEREFORE ORDERED THAT:
1. The motion to dismiss [Doc. No. 8] of respondent Ray Hobbs is granted, and Stanley Turner Norton's petition for a writ of habeas corpus [Doc. No. 1] is dismissed without prejudice so that he 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.
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.
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UNITED STATES DISTRICT JUDGE