Birts v. Haynes

Filing 12

ORDER directing the Clerk of the Court to serve a copy of the Petition for Writ of Habeas Corpus 1 on the Respondent and Arkansas Attorney General by regular mail. Respondent shall file an answer within 40 days of the date of service of this Petition, exclusive of the date of service. Respondent shall also address Mr. Birts's Motion 8 in its response. Signed by Magistrate Judge Joe J. Volpe on 11/20/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
TERRY DEAN BIRTS,
REG. # 25710-009
v.

PETITIONER

2:13CV00129-KGB-JJV

ANTHONY HAYNES, Warden,
FCI-FORREST CITY

RESPONDENT
ORDER

Pending before the Court is Mr. Birts’s Motion to Hold in Abeyance a Previously Filed
Motion Pursuant to Title 28 U.S.C. § 2254. (Doc. No. 8.) The United States Attorney has responded
(Doc. No. 9) asserting the proper respondent is the Attorney General for the State of Arkansas. The
Court agrees. The Petitioner is not challenging the conditions of his confinement at FCI or the
execution of his federal sentence. Instead, he is challenging his September 2011 conviction in
Pulaski County Circuit Court. (Doc. 1 at 1.) Therefore, the United States Attorney is not the proper
attorney of record and should be relieved.
The Clerk of the Court shall serve a copy of the Petition for Writ of Habeas Corpus (Doc.
No. 1) and this Order on the Respondent and the office of the Arkansas Attorney General by regular
mail. Respondent shall file an answer, motion, or other pleading responsive to the Petition, in
conformity with Rule 5 of the Rules Governing Section 2254 Cases in the United States District
Court, within forty (40) days after service of this Petition, exclusive of the day of service.
Respondent shall also address Mr. Birts’s Motion (Doc. No. 8) in its response.
IT IS SO ORDERED this 20th day of November, 2013.

JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE