Peoples v. Lindamood

Filing 6

ORDER: The Court has conducted a preliminary review of the petition and finds that the petitioner has stated a colorable claim for relief. The respondent shall file an answer, plead or otherwise respond to the petition, within 30 days of the date of entry of this order on the docket. Signed by District Judge Aleta A. Trauger on 11/27/12. (xc:Pro se party by regular and certified mail; Warden w/ petition & order by regular mail; AG w/ petition & order by regular mail)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION MICHAEL DESHAY PEOPLES. JR. Petitioner, v. CHERRY LINDAMOOD, WARDEN Respondent. ] ] ] ] ] ] ] No. 3:12-1179 Judge Trauger O R D E R The Court is in receipt of a pro se prisoner petition (Docket Entry No.1) under 28 U.S.C. § 2254, for writ of habeas corpus. The Court has conducted a preliminary review of the petition and finds that the petitioner has stated a colorable claim for relief. Rule 4, Rules --- § 2254 Cases. Accordingly, the respondent shall file an answer, plead or otherwise respond to the petition in conformance with Rule 5, Rules --- § 2254 Cases, within thirty (30) days of the date of entry of this order on the docket. The response shall state whether this case is a second or successive petition under 28 U.S.C. § 2244 (b)(3)(A). The respondent shall also address the question of whether the petition has been timely filed. The Clerk is directed to serve a copy of the petition and this order by mail on the respondent and the Attorney General of Tennessee. Rule 4, Rules --- § 2254 Cases. It is so ORDERED. ____________________________ Aleta A. Trauger United States District Judge

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