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)

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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

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