Nash v. Attorney General of the State of Tennessee

Filing 3

MEMORANDUM AND ORDER: The Clerk is DIRECTED to send petitioner an application to proceed in forma pauperis. The Clerk is further DIRECTED to hold the petition for thirty (30) days pending receipt of the $5.00 filing fee or an a pplication to proceed in forma pauperis. Petitioner is advised that failure to pay the filing fee, or submit a completed application to proceed in forma pauperis, within the time allowed will result in the automatic dismissal of this action without further notice by the Clerk of Court. The Clerk is DIRECTED to substitute Eric Qualls as respondent in this action.Signed by District Judge Harry S Mattice, Jr on 11/14/2014. (DJH, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA

CHARLES NASH,
Petitioner,
v.
ERIC QUALLS, Warden1,
Respondent.

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No.: 1:14-cv-246-HSM-SKL

MEMORANDUM AND ORDER

This is a petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254. The
petitioner has not paid the required $5.00 filing fee2 nor has he submitted an application
to proceed in forma pauperis. The Clerk is DIRECTED to send petitioner an application
to proceed in forma pauperis. The Clerk is further DIRECTED to hold the petition for
thirty (30) days pending receipt of the $5.00 filing fee or an application to proceed in
forma pauperis. Petitioner is advised that failure to pay the filing fee, or submit a
completed application to proceed in forma pauperis, within the time allowed will result in
the automatic dismissal of this action without further notice by the Clerk of Court.
1

Petitioner has named as respondent the Attorney General of the State of Tennessee. Petitioner is
confined in the Bledsoe County Correctional Complex and the warden of that facility, Eric
Qualls, is the proper respondent. The Clerk is DIRECTED to substitute Eric Qualls as
respondent in this action.
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The Court received a notice from petitioner approximately one month after the habeas petition
was filed, in which petitioner stated that he mailed the filing fee to the Court along with the
petition. Petitioner is advised that the Court has no record of receiving the filing fee.

ENTER:
/s/ Harry S. Mattice, Jr.
Harry S. Mattice
UNITED STATES DISTRICT JUDGE

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