Overbay v. Sexton

Filing 4

MEMORANDUM AND ORDER: The Clerk is hereby DIRECTED to serve copies of this pro se prisoner's petition for a writ of habeas corpus, 28 U.S.C. § 2254, and this Memorandum and Order upon the respondent and the Attorney Genera l for The State of Tennessee. The respondent is hereby ORDERED to answer or otherwise respond to the petition within thirty (30) days from the date of this Order. The respondent should specifically address whether the petition was timely filed and whether the petitioner has exhausted his available state court remedies. (C/M as directed and to Pro Se filer). Signed by District Judge J Ronnie Greer on 1/21/2015. (LMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE

NICHOLAS ALLEN OVERBAY,
Petitioner,
v.
DAVID SEXTON, Warden,
Respondent.

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No.: 2:14-cv-229
Greer/Inman

MEMORANDUM AND ORDER

The Clerk is hereby DIRECTED to serve copies of this pro se prisoner’s petition
for a writ of habeas corpus, 28 U.S.C. § 2254, and this Memorandum and Order upon the
respondent and the Attorney General for The State of Tennessee.
Since it does not plainly appear from the face of the petition that it should be
summarily dismissed, the respondent is hereby ORDERED to answer or otherwise
respond to the petition within thirty (30) days from the date of this Order. Rule 4, Rules
Governing Section 2254 Cases. The respondent should specifically address whether the
petition was timely filed and whether the petitioner has exhausted his available state court
remedies. 28 U.S.C. §§ 2244(d), 2254(b).

ENTER:
s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE