Burgie v. Kelly
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ERIC C. BURGIE
CASE NO. 5:16CV000196 BSM
WENDY KELLY, Director,
Arkansas Department of Correction
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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