Summary
In Bates v. Norris, 2006 WL 3741925 (E.D.Ark. December 18, 2006), the petitioner failed to obtain pre-authorization from the Court of Appeals before filing his petition.
Summary of this case from Benjamin v. KelleyOpinion
NO. 5:06CV00239 WRW.
December 18, 2006
ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau. There have been no objections. The Findings and Recommendations are adopted in their entirety as this Court's findings.
Accordingly, Respondent's motion to dismiss (docket entry #9) is denied, and this 28 U.S.C. § 2254 petition for writ of habeas corpus (docket entry #2) is hereby transferred to the United States Court of Appeals for the Eighth Circuit for consideration as a request for authorization to proceed with a second or successive habeas petition pursuant to 28 U.S.C. § 2244(b)(3). The Clerk is directed to take the necessary steps to effect this transfer.
IT IS SO ORDERED.