Jackson v. Hobbs

Filing 9

ORDER directing the Respondent to file on or before 5/06/2013, a Reply to 8 Response (Non Motion) filed by James Lee Jackson. Signed by Magistrate Judge J. Thomas Ray on 04/05/2013. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES LEE JACKSON
ADC #130514
V.

PETITIONER

NO. 5:12cv00461-BSM-JTR

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
In response to Respondent’s Motion to Dismiss this § 2254 action, Petitioner
argues that any untimeliness should be excused because he has “newly discovered
evidence” of his innocence, i.e., a notarized affidavit from an alleged eyewitness that
Petitioner recently obtained “after years of searching and investigating.” (Docket
entry #8, at 2, 5.)
Respondent is directed to file, on or before May 6, 2013, a Reply to Petitioner’s
argument.
DATED THIS 5th DAY OF April, 2013.

____________________________________
UNITED STATES MAGISTRATE JUDGE