Posey v. Boyd

Filing 15

ORDER notifying Posey of his right to file a response to the Answer filed by Defendant Boyd. In the response, Posey should specifically address why his petition should not be dismissed for the reasons set forth by Boyd. Posey is given up to, and including 2/7/2017 to file his response. Signed by Magistrate Judge Patricia S. Harris on 1/18/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

BOBBY LEE POSEY

v.

PETITIONER

NO. 3:16-cv-00231 JLH/PSH

MARTY BOYD, Sheriff

RESPONDENT

ORDER

Petitioner Bobby Lee Posey (“Posey”) commenced the case at bar by filing a
petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. In the petition and in an
amended petition, he maintained that he was being detained in the Craighead County,
Arkansas, Detention Center in violation of his constitutional rights. Respondent Marty
Boyd (“Boyd”) has now filed an answer to Posey’s petition. In the answer, Boyd asked
that the petition be dismissed because it is moot and, alternatively, because Posey is not
entitled to habeas corpus relief.
Before giving serious consideration to the representations contained in Boyd’s
answer, the Court notifies Posey of his right to file a response. In the response, Posey
should specifically address why his petition should not be dismissed for the reasons set
forth by Boyd. Posey is given up to, and including, February 7, 2017, to file his response.

IT IS SO ORDERED this 18th day of January, 2017.

UNITED STATES MAGISTRATE JUDGE

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