Whitaker v. Minter

Filing 11

MEMORANDUM AND ORDER. The respondent is ORDERED to answer or otherwise respond tothe petition within thirty (30) days from the date of this Order. Signed by District Judge Harry S Mattice, Jr on 2/11/2015. (AML, ) Copy of Memorandum and Order served to Brooke Whitaker via US Mail.

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at WINCHESTER BROOKE LEE WHITAKER, Petitioner, v. TRINITY MINTER, Warden, Respondent. ) ) ) ) ) ) ) ) ) No.: 4:15-cv-02-HSM-WBC MEMORANDUM AND ORDER This is a pro se state prisoner’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. The Clerk is DIRECTED to serve copies of the petition and this Memorandum and Order on the respondent and the Attorney General of 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 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 In The United States District Courts. The respondent should address specifically 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/ Harry S. Mattice, Jr._______ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE

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