Burnett v. Payne
Plaintiff: Kirby Owen Burnett
Defendant: Arkansas, State of and Dexter Payne
Case Number: 4:2019cv00890
Filed: December 11, 2019
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Kristine G Baker
Referring Judge: J Thomas Ray
2 Judge: Lee P Rudofsky
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 3, 2020 Filing 10 RECOMMENDED DISPOSITION recommending all claims asserted in Petitioner Burnett's Petition and Amended Petition #1 #7 be denied and this case be dismissed without prejudice; a Certificate of Appealability be denied; Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge J. Thomas Ray on 1/3/19. (tjb)
January 3, 2020 Opinion or Order Filing 9 ORDER granting #6 Petitioner Burnett's Motion for Leave to Proceed in forma pauperis. The Court declines to order service of the habeas Petition at this time. Signed by Magistrate Judge J. Thomas Ray on 01/03/2020. (ajt)
December 30, 2019 Opinion or Order Filing 8 ORDER denying #5 Motion for Appointment of Counsel; and directing Petitioner to comply with the 1/16/2020 deadline set by this Court in its #4 previous Order. Signed by Magistrate Judge J. Thomas Ray on 12/30/2019. (jbh)
December 30, 2019 Filing 7 AMENDED PETITION for Writ of Habeas Corpus filed by Kirby Owen Burnett. Related document: #1 Petition for Writ of Habeas Corpus filed by Kirby Owen Burnett. (ljb)
December 30, 2019 Filing 6 MOTION for Leave to Proceed in forma pauperis by Kirby Owen Burnett. (ljb)
December 27, 2019 Filing 5 MOTION to Appoint Counsel filed on behalf of Kirby Owen Burnett. (ljb)
December 16, 2019 Opinion or Order Filing 4 ORDER directing the Clerk of the Court to send Burnett: (a) a blank 28 U.S.C. 2254 Petition for Writ of Habeas Corpus (Form AO 241), and (b) a blank Application to Proceed In Forma Pauperis and Affidavit, and Certificate of Prisoner Accounts; directing Burnett to (a) fully complete the applicable sections of the 28 U.S.C. 2254 Petition; (b) sign and date the form on the applicable page; and (c) file the completed and signed form with the Court, on or before 1/16/2020 if Burnett wishes to continue with this action; directing Burnett to either: (a) file the completed Application, including the Certificate of Prisoner Accounts, or (b) pay the $5.00 filing fee, in full, on or before 1/16/2020; directing the Clerk of the Court to change the Respondent to Dexter Payne, Director, Arkansas Department of Correction.; and advising Burnett that, if he fails to timely and properly comply with this Order, this habeas action will be dismissed, without prejudice. Service of the petition is not required at this time. Signed by Magistrate Judge J. Thomas Ray on 12/16/2019. (jbh)
December 12, 2019 Filing 3 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on #2 Order, the Clerk's office has reassigned the case to Judge Kristine G. Baker. (jak)
December 12, 2019 Opinion or Order Filing 2 ORDER directing the Clerk to reassign the above styled case because the State of Arkansas is temporarily on his recusal list. Signed at the direction of the Court on 12/12/2019. (ajt)
December 11, 2019 Filing 1 PETITION for Writ of Habeas Corpus filed by Kirby Owen Burnett. (ljb)

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Plaintiff: Kirby Owen Burnett
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Defendant: Arkansas, State of
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Defendant: Dexter Payne
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