Burgess v. State of Missouri
| Corey Burgess |
| State of Missouri |
| 4:2020cv01447 |
| October 6, 2020 |
| US District Court for the Eastern District of Missouri |
| Nannette A Baker |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 11
ORDER of USCA as to #8 Notice of Appeal filed by Corey Burgess Regarding: If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, CDs, videos, administrative records and state court files. These documents should be submitted within 10 days. USCA Appeal #: 20-3295.(MCB)
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| Filing 10 Initial Notification from USCA for #8 Notice of Appeal filed by Corey Burgess USCA Appeal Number: 20-3295.(MCB) |
| Filing 9 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #7 Order of Dismissal (case - Stipulation of Dismissal), #6 Memorandum & Order,,. Notice of Appeal filed on 10/29/20 by Plaintiff Corey Burgess. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(BAK) |
| Filing 8 NOTICE OF APPEAL as to #7 Order of Dismissal (case - Stipulation of Dismissal), #6 Memorandum & Order,, by Plaintiff Corey Burgess. (AAT) |
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Filing 7
ORDER OF DISMISSAL IT IS HEREBY ORDERED that petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 (Docket No. 1) is DENIED AND DISMISSED without prejudice for failure to exhaust state remedies. See 28 U.S.C. 2254(b)(1)(A). IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Signed by District Judge Henry Edward Autrey on October 13, 2020. (MCB)
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Filing 6
OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that petitioner' s motion for leave to proceed in forma pauperis (Docket No. 2) is GRANTED. IT IS FURTHER ORDERED that petitioners motion for appointment of counsel (Docket No. 3) is DENIED AS MOOT. IT IS FURTHER ORDERED that petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 (Docket No. 1) is DENIED AND DISMISSED without prejudice for failure to exhaust state remedies. See 28 U.S.C. 2254(b)(1)(A). A separate order of dismissal will be entered herewith. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Signed by District Judge Henry Edward Autrey on October 13, 2020. (MCB)
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ORDER RECEIPT: (see receipt) Docket No: 6, 7. sent to non-electronic party this date Tue Oct 13 14:20:11 CDT 2020 (Berg, Melanie)
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| Judge Baker enters a Standing Order in all of her cases as follows: See Order for details #https://www.moed.uscourts.gov/judge/nannette-baker (EAB) (Sent to plaintiff on 10/09/2020) (EAB). |
| Filing 5 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (FLJ) |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (BAK) |
| Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Judge Assigned: U.S. Magistrate Judge Nannette A. Baker. (BAK) |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Thu Oct 8 12:01:27 CDT 2020 (admin,) |
| Filing 4 Certified Inmate Account Statement by Plaintiff Corey Burgess. (BAK) |
| Filing 3 MOTION to Appoint Counsel by Plaintiff Corey Burgess. (BAK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Corey Burgess. (BAK) |
| Filing 1 PETITION for Writ of Habeas Corpus by Plaintiff Corey Burgess. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Envelope)(BAK) |
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| Defendant: State of Missouri | |
| Represented By: | Office of Missouri Attorney General - Habeas Division |
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| Plaintiff: Corey Burgess | |
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