Levy v. Mills

Filing 56

ORDER: For the reasons set forth in the accompanying Memorandum, the Report and Recommendation (Docket No. 53 ), which recommends that Petitioner's Amended Petition for Habeas Corpus be denied on statute of limitations grounds, is hereby REJE CTED. This case is RETURNED to the Magistrate Judge to receive evidence and/or hold an evidentiary hearing on the question of whether the statute of limitations should be equitably tolled. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 7/26/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
CARLOS LEVY,
Petitioner,
v.
DAVID OSBORNE, WARDEN,
Respondent.

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No. 1:10-0005
Judge Sharp

ORDER
For the reasons set forth in the accompanying Memorandum, the Report and
Recommendation (Docket No. 53), which recommends that Petitioner’s Amended Petition for
Habeas Corpus be denied on statute of limitations grounds, is hereby REJECTED. This case is
RETURNED to the Magistrate Judge to receive evidence and/or hold an evidentiary hearing on the
question of whether the statute of limitations should be equitably tolled.
It is SO ORDERED.

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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE