Burgie v. Kelly

Filing 5

ORDER adopting in its entirety 3 the recommended disposition; granting 1 Burgie's motion for leave to proceed in forma pauperis; and dismissing without prejudice 2 his petition for writ of habeas corpus, so that he may seek authorization from the Eighth Circuit Court of Appeals to file a successive habeas petition. Because Burgie has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not be issued. Signed by Chief Judge Brian S. Miller on 9/1/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ERIC C. BURGIE
ADC #120956
v.

PETITIONER

CASE NO. 5:17-CV-00193 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

The recommended disposition [Doc. No. 3] submitted by United States Magistrate
Judge J. Thomas Ray and petitioner Eric Burgie’s objection thereto [Doc. No. 4] have been
reviewed.

Upon de novo review of the record, the RD is adopted in its entirety.

Accordingly, Burgie’s motion for leave to proceed in forma pauperis [Doc. No. 1] is granted.
His petition for writ of habeas corpus [Doc. No. 2] is dismissed without prejudice so that he
may seek authorization from the Eighth Circuit Court of Appeals to file a successive habeas
petition. See 28 U.S.C. § 2244(b)(3)(A). Because Burgie has not made a substantial
showing of the denial of a constitutional right, a certificate of appealability will not be issued.
See 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED this 1st day of September 2017.

________________________________
UNITED STATES DISTRICT JUDGE