Burgie v. Kelly

Filing 7

ORDER ADOPTING 3 the recommended disposition; granting 1 Burgie's motion to proceed in forma pauperis; dismissing, without prejudice, 2 his petition; and denying as moot 4 his motion to appoint counsel. If Bourgie wishes to proceed, he must see authorization from the Eighth Circuit Court of Appeals to file a successive habeas petition. A certificate of appealability will not issue. Signed by Chief Judge Brian S. Miller on 8/3/2016. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ERIC C. BURGIE ADC #120956 v. PETITIONER CASE NO. 5:16CV000196 BSM WENDY KELLY, Director, Arkansas Department of Correction RESPONDENT ORDER The recommended disposition (“RD”) submitted by United States Magistrate Judge J. Thomas Ray [Doc. No. 3] and petitioner Eric Burgie’s objections [Doc. Nos. 5, 6] have been reviewed. After reviewing the record, the RD is adopted. Accordingly, Burgie’s motion to proceed in forma pauperis [Doc. No. 1] is granted, and his petition [Doc. No. 2] is dismissed without prejudice. Burgie’s motion to appoint counsel [Doc. No. 4] is denied as moot. If Burgie wishes to proceed, he must seek authorization from the Eighth Circuit Court of Appeals to file a successive habeas petition. See 28 U.S.C. § 2244(b)(3)(A). A certificate of appealability will not issue. IT IS SO ORDERED this 3rd day of August 2016. ________________________________ UNITED STATES DISTRICT JUDGE

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