Rushing v. Hobbs

Filing 10

ORDER re 9 Response to Habeas Petition: Petitioner is informed of his opportunity to reply to this response within 30 days. Signed by Magistrate Judge Jerome T. Kearney on 6/4/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DARNELL RUSHING ADC #80025 vs. Case No. 5:10-CV-00127-SWW/JTK RESPONDENT ORDER Petitioner is hereby informed of his opportunity to reply within thirty (30) days to Respondent's arguments in his Response (DE #9) that the petition should be dismissed because it is untimely under 28 U.S.C. § 2244(d)(1). Petitioner may also reply to PETITIONER

RAY HOBBS, Interim Director Arkansas Department of Correction

Respondent's argument that Petitioner's failure to first present his attack on his guilty plea in a properly filed post-conviction petition constitutes an adequate and independent state ground to bar federal habeas review, absent a showing of cause and prejudice or a fundamental miscarriage of justice. The Clerk is directed to serve a copy of the Response (DE #9) and this Order on Petitioner by regular mail. SO ORDERED this 4th day of June, 2010. _________________________________ UNITED STATES MAGISTRATE JUDGE