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)

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