Gallaher v. State of Tennessee

Filing 4

MEMORANDUM AND ORDER granting petitioner's 3 MOTION for Leave to Proceed in forma pauperis. Since it does not plainly appear from the face of the petition that it should be summarily dismissed, the respondent is hereb y ORDERED to answer or otherwise respond to the petition within thirty (30) days from the date of this Order. Signed by District Judge Pamela L Reeves on 1/12/15. (c/m, cc respondent and the Attorney General for The State of Tennessee) (ADA)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE TYLER SCOTT GALLAHER, Petitioner, v. STATE OF TENNESSEE, Respondent. ) ) ) ) ) ) ) ) ) No.: 3:14-cv-447-PLR-CCS MEMORANDUM AND ORDER Petitioner's application to proceed in forma pauperis is GRANTED. The petitioner is allowed to proceed in this action without the prepayment of costs or fees or security therefor. 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. ยงยง 2244(d), 2254(b). ENTER: ____________________________________ UNITED STATES DISTRICT JUDGE 2

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