Opinion
CASE NO. 5:10cv00185 BSM/JTR.
September 15, 2010
ORDER
The Court has reviewed the proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects. Judgment will be entered accordingly.
IT IS THEREFORE ORDERED that:
1. Petitioner's motion to proceed in forma pauperis [Doc. No. 1] is DENIED, AS MOOT.
2. The petition for a writ of habeas corpus, under 28 U.S.C. § 2254 [Doc. No. 2], is DISMISSED, WITHOUT PREJUDICE, so that petitioner may seek authorization from the Eighth Circuit, pursuant to 28 U.S.C. § 2244(b)(3)(A), to file a successive habeas petition.
3. All other motions are denied as moot.
Dated this 15th day of September, 2010.