Frye v. Hobbs

Filing 9

ORDER directing the Petitioner to file, on or before 5/24/2013, a Reply addressing the arguments for dismissal raised in the Response re 8 . Signed by Magistrate Judge J. Thomas Ray on 04/26/2013. (kcs) (Modified on 4/26/2013 to correct typographical error.)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DOYLEDEWAYNEFRYE ADC #115393 v. PETITIONER NO. 5:13cv00055 DPM-JTR RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER Respondent has filed a Response (docket entry #8) arguing that Petitioner's 28 U.S.C. ยง 2254 habeas claims should be dismissed because: (1) they are all barred by the one-year statute of limitations; (2) his first and second claims do not state cognizable federal habeas claims; (3) all of his claims are procedurally defaulted because he did properly raise them in state court; and (4) alternatively, his second claim was reasonably adjudicated by the Arkansas Supreme Court in his direct appeal. 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 May 24, 2013, a Reply addressing the arguments for dismissal raised in the Response. 1 DATED THIS 2b~DAY OF April, 2013. -2-

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