Cable v. Tenn. Department of Correction

Filing 2

MEMORANDUM AND ORDER: The Clerk is DIRECTED to serve copies of the petition 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. Signed by District Judge J Ronnie Greer on 1/28/2015. (c/m to pro se petitioner, Atty Gen State of Tennessee and respondent David Sexton, Warden) (RLC, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE

JOHN FRANKLIN CABLE,
Petitioner,
v.
DAVID SEXTON, Warden1,
Respondent.

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No.: 2:14-cv-332-JRG-DHI

MEMORANDUM AND ORDER
This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The
Clerk is DIRECTED to serve copies of the petition 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 of the Rules Governing Section 2254
Cases In The United States District Courts. 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

1

Petitioner named the Tennessee Department of Correction as respondent. Petitioner is in the
Morgan County Correctional Complex and David Sexton, the Warden of that facility, is the
proper respondent. The Clerk is DIRECTED to make the correction on the docket sheet.