Harris v. Hobbs

Filing 7

ORDER that Petitioner is directed to file, on or before September 19, 2011, a Reply addressing the arguments raised in Respondent's Response for dismissal, (docket entry #6). Signed by Magistrate Judge J. Thomas Ray on 08/18/2011. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ANDRE J. HARRIS
ADC #144001
V.

PETITIONER

5:11cv00175 BSM/JTR

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
Respondent has filed a Response (docket entry #6) arguing that Petitioner’s 28
U.S.C. § 2254 habeas petition is untimely under the one-year statute of limitations set
forth in 28 U.S.C. § 2244(d). Alternatively, Respondent argues that Petitioner’s
claims are procedurally defaulted because he failed to first raise them in a proper and
timely state court post-conviction proceeding. A Reply to the Response would be
helpful to resolution of this action.
IT IS THEREFORE ORDERED THAT Petitioner is directed to file, on or
before September 19, 2011, a Reply addressing these arguments for dismissal.
DATED THIS 18th DAY OF August, 2011.

____________________________________
UNITED STATES MAGISTRATE JUDGE