Burnett v. State of Missouri

Filing 4

ORDER IT IS HEREBY ORDERED that petitioners motion for leave to proceed in forma pauperis [Doc. #2] is denied without prejudice as moot. See 28 U.S.C. § 1915. IT IS FURTHER ORDERED that the Clerk shall docket this petition as Sherman Burnett, Jr. v. Dave Dormire. 2 Signed by Honorable Henry E. Autrey on 6/30/10. (CLA)

-TCM Burnett v. State of Missouri

Doc. 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

SHERMAN BURNETT, JR., Petitioner, v. DAVE DORMIRE, Respondent.

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No. 4:10CV1149 HEA

ORDER This matter is before the Court upon the application of Sherman Burnett, Jr., for leave to commence this action without payment of the required filing fee [Doc. #2]. This motion will be denied without prejudice as moot. Petitioner has paid the required filing fee in full. Therefore, IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [Doc. #2] is denied without prejudice as moot. See 28 U.S.C. § 1915. IT IS FURTHER ORDERED that the Clerk shall docket this petition as Sherman Burnett, Jr. v. Dave Dormire.1 Dated this 30th day of , 2010.

________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

Petitioner has named as respondent the State of Missouri. The proper respondent for a prisoner currently in custody pursuant to a state judgment is the state officer having custody of the applicant. See 28 U.S.C. § 2254, Rule 2(a). Dave Dormire, Warden of the Jefferson City Correctional Center, is the proper respondent.
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