Hearing v. Lindamood

Filing 7

MEMORANDUM AND ORDER as to 1 Petition for Writ of Habeas Corpus filed by David Hearing. Since it does not plainly appear from the face of the petition that it should be summarily dismissed, Respondent is hereby ORDERED to answ er 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. Respondent should specifically address whether the petition was tim ely filed and whether Petitioner has exhausted his available state court remedies. The Clerk is DIRECTED to serve copies of the petition for a writ of habeas corpus 1 and this Memorandum and Order upon Respondent and the Attorney General for the State of Tennessee.Signed by District Judge Thomas W. Phillips on 7/9/18. (c/m to David Hearing#395482South Center Correctional Facility555 Forrest Ave.Clifton, TN 38425 ) (ADA)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE DAVID HEARING, ) ) ) ) ) ) ) ) ) Petitioner, v. CHERRY LINDAMOOD, Respondent. No. 2:18-CV-094-TWP-MCLC MEMORANDUM AND ORDER The Court is in receipt of a prisoner’s petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 [Doc. 1]. The United States District Court for the Middle District of Tennessee previously transferred the petition to this Court on June 13, 2018 [Doc. 5]. Since it does not plainly appear from the face of the petition that it should be summarily dismissed, 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. Respondent should specifically address whether the petition was timely filed and whether Petitioner has exhausted his available state court remedies. 28 U.S.C. §§ 2244(d), 2254(b). The Clerk is DIRECTED to serve copies of the petition for a writ of habeas corpus [Doc. 1] and this Memorandum and Order upon Respondent and the Attorney General for the State of Tennessee. Although a reply is not necessary, if Petitioner wishes to file a reply, he SHALL file that reply within thirty (30) days from the date Respondent files his answer with the Court. Rule 5(e) of the Rules Governing Section 2254 Cases. Any reply should not exceed twenty-five pages, must directly reply to the points and authorities in the Warden’s answer, and must not be used to reargue the points and authorities included in the petition or to present any new issues. See E.D. Tenn. L.R. 7.1(b), and (c). SO ORDERED. ENTER: s/Thomas W. Phillips SENIOR UNITED STATES DISTRICT JUDGE 2

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