Shatto v. Steward

Filing 12

ORDER: The respondent MUST file an answer, motion, or other response within 30 days of the date this order is docketed. The Clerk is DIRECTED to serve a copy of the petition and this Order on the respondent and the Attorney General of Tennessee. Signed by District Judge Todd J. Campbell on 8/6/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

RANDY LEE SHATTO,
Petitioner,
v.
HENRY STEWARD, Warden,
Respondent.

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Case No. 3:14-cv-01579
Judge Campbell

ORDER
Before the Court is petitioner Randy Lee Shatto’s pro se petition for the writ of habeas corpus under
28 U.S.C. § 2254, challenging a 2004 conviction in the Criminal Court for Davidson County, Tennessee. The
$5.00 filing fee has been paid in full.
Pursuant to Rule 4 of the Rules Governing § 2254 Cases, this Court is to promptly examine the
habeas petition and to dismiss it “[i]f it plainly appears from the petition and any attached exhibits that the
petitioner is not entitled to relief in the district court.” The Court has conducted a preliminary review of the
petition and finds that the petitioner has stated at least colorable claims for relief, including claims that he was
deprived of the effective assistance of counsel in violation of the Sixth Amendment to the United States
Constitution and that his conviction was in violation of the Double Jeopardy Clause of the Fifth Amendment.
He also claims the statute of limitations should be equitably tolled. Accordingly, the respondent MUST file an
answer, motion, or other response within 30 days of the date this order is docketed.
The Clerk is DIRECTED to serve a copy of the petition and this Order on the respondent and the
Attorney General of Tennessee. Rule 4, Rules Gov’g § 2254 Cases.
It is so ORDERED.

Todd Campbell
United States District Judge