Bienemy v. Hobbs

Filing 12

ORDER, the Petitioner is directed to file, on or before 11/05/2012 a Reply addressing the arguments for dismissal raised in 10 Response to Habeas Petition filed by Ray Hobbs. Signed by Magistrate Judge J. Thomas Ray on 10/05/2012. (kcs)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOSEPH M. BIENEMY ADC #140798 V. PETITIONER NO. 5:12cv00243 DPM-JTR RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER Respondent has filed a Response (docket entry #10) arguing that Petitioner’s 28 U.S.C. § 2254 claims should be dismissed because the claims (1) are procedurally barred from federal review due to Petitioner’s failure to properly raise them in state court, (2) are without merit, (3) were reasonably adjudicated by the state courts, or (4) do not state a basis for federal habeas relief. 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 November 5, 2012, a Reply addressing the arguments for dismissal raised in the Response. DATED THIS 5th DAY OF October, 2012. ____________________________________ UNITED STATES MAGISTRATE JUDGE

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