Simmons v. Taylor
Filing
23
ORDER: The pro se petitioner is hereby GRANTED 30 days from the date of entry of this order on the docket in which to file whatever reply to the respondent's Rule 60(b)(1) Motion that she may deem appropriate. Signed by District Judge Aleta A. Trauger on 6/25/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
TARINA SHANTAYNE SIMMONS
Petitioner,
]
]
]
]
]
]
]
v.
SHARON TAYLOR, WARDEN
Respondent.
No. 3:13-0436
Judge Trauger
O R D E R
On June 14, 2013, an order (Docket Entry No.17) was entered
denying the respondent’s Motion to Dismiss (Docket Entry No.11) the
instant habeas corpus action for untimeliness.
The Court agreed with the respondent that the instant action
had not been filed in a timely manner. Docket Entry No.17 at pg.5.
However, it was further determined that the petitioner’s mental
impairments and showing of actual innocence were sufficient to
constitute an equitable tolling of the limitation period. Id. at
pg.7.
Since the entry of this order, the respondent has filed a Rule
60(b)(1)
Motion
(Docket
Entry
No.20),
asking
the
Court
to
reconsider its ruling by arguing that the record did not support a
finding for the equitable tolling of the limitation period.
The pro se petitioner is hereby GRANTED thirty (30) days from
the date of entry of this order on the docket in which to file
whatever reply to the respondent’s Rule 60(b)(1) Motion that she
may deem appropriate.
It is so ORDERED.
____________________________
Aleta A. Trauger
United States District Judge
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