Owens v. McCallister

Filing 3

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 t he 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 Chief District Judge Thomas A Varlan on 11/12/14. (copy mailed along with Petition to Respondent and TN Attorney General) (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
TOMMY JOE OWENS,
Petitioner,
v.
GERALD MCALLISTER, Warden,
Respondent.

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No.: 3:14-cv-529-TAV-HBG

MEMORANDUM AND ORDER
This attorney-filed petition for a writ of habeas corpus, 28 U.S.C. § 2254, challenges
the petitioner’s 2005 Campbell County, Tennessee convictions for three counts of aggravated
child abuse and one count of aggravated child neglect, for which he received an effective
sentence of ninety-five (95) years’ imprisonment. 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/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE