Burgie v. Hobbs

Filing 6

ORDER approving and adopting in their entirety 3 the proposed findings and recommended disposition; granting 1 petitioner's Motion to Proceed In Forma Pauperis; and dismissing the 2 Petition for Writ of Habeas Corpus, without prejudice, so that petitoner may seek authorization from the Eighth Circuit to file a successive habeas petition. Signed by Chief Judge Brian S. Miller on 9/24/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

ERIC C. BURGIE
ADC #120956
VS.

PETITIONER
CASE NO. 5:13CV000228 BSM

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge J. Thomas Ray and the objections filed by the petitioner have been
reviewed. After careful consideration and a de novo review of the record, it is found that the
proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety.
IT IS THEREFORE ORDERED THAT:
1.

Petitioner’s Motion to Proceed In Forma Pauperis [Doc. No. 1] is granted.

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.
IT IS SO ORDERED this 24th day of September 2013.

UNITED STATES DISTRICT JUDGE