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)

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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

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