Lambert v. Payne

Filing 12

ORDER allowing Lambert up to and including 6/24/2024 to oppose the 9 motion to dismiss. Signed by Magistrate Judge Patricia S. Harris on 6/3/2024. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION DORLETHA LAMBERT PETITIONER No. 3:24-CV-00050 KGB/PSH DEXTER PAYNE, Director, Arkansas Division of Correction (“ADC”) RESPONDENT ORDER Petitioner Dorletha Lambert (“Lambert”) filed a petition for writ of habeas corpus on March 27, 2024. Doc. No. 1. She is challenging her 2023 convictions of driving with DWI suspended license and DWI. Respondent Dexter Payne (“Payne”) moves to dismiss the petition, citing Lambert’s failure to first exhaust her available remedies in state court. See 28 U.S.C. § 2254(b)(1). Specifically, Payne contends Lambert currently has pending motions in state court for Rule 37 relief, seeking a reduction in sentence and state habeas corpus relief. Before ruling on Payne’s motion to dismiss Lambert is notified of her opportunity to oppose the motion. She is directed to file any opposing pleading on or before June 24, 2024. IT IS SO ORDERED this 3rd day of June, 2024. ____________________________________ UNITED STATES MAGISTRATE JUDGE

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