Whitaker v. Minter

Filing 12

MEMORANDUM AND ORDER. This case is DISMISSED without prejudice. Signed by District Judge Harry S Mattice, Jr on 6/5/2015. (AML, ) Copy of M/O served to Petitioner via US Mail.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at WINCHESTER

BROOK LEE WHITAKER,
Petitioner,
v.
TRINITY MINTER, Warden,
Respondent.

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No. 4:15-cv-02-HSM-WBC

and

BROOK LEE WHITAKER,
Petitioner,
v.
TRINITY MINTER, Warden,

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No. 4:15-cv-10-HSM-WBC

Respondent.

MEMORANDUM and ORDER

Brook Lee Whitaker, a state prisoner, filed a pro se petition for a writ of habeas
corpus, 28 U.S.C. § 2254, in the Middle District of Tennessee, challenging her 2009
Bedford County, Tennessee conviction for rape. The petition was transferred to the
United States District Court of the Eastern District of Tennessee, Winchester Division.
However, the petition was inadvertently opened as two cases, rather than one. And,
oddly enough, one petition was opened in the Greenville Division then transferred to
the Winchester Division. At this point, though there are two separate, pending cases,

there is but one petition.
Therefore, because the record is more fully developed in the later-opened case,
(Whitaker v. Minter, No. 4:15-cv-10), the first case which was opened, (Whitaker v.
Minter, No. 4:15-cv-02) is DISMISSED without prejudice. Obviously, respondent
need not file an answer or other response to the petition in Case No. 4:15-cv-02.

ENTER:

/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

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