King v. Tennessee Department of Corrections

Filing 3

ORDER DISMISSING CASE: As an initial matter, the Clerk is DIRECTED to substitute Warden James Holloway, in his official capacity, as the respondent in this action, since he is "the person who has custody over [the petitioner]." Rumsfeld v . Padilla, 542 U.S. 426, 43435 (2004); 28 U.S.C. § 2242; Fed. R. Civ. P. 25(d). Second, for the reasons explained in the accompanying Memorandum Opinion, the petition filed in this case is DENIED and this matter is DISMISSED for failure to ex haust state-court remedies. This dismissal is WITHOUT PREJUDICE to the petitioner's ability to refile a habeas petition that satisfies the requirements of all applicable law after the petitioner has exhausted his state-court remedies. Signed by District Judge Todd J. Campbell on 2/18/2016. (xc:Pro se party by regular and certified mail & copy of petition and order to Attorney General by certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MICHAEL C. KING (#211954),

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Petitioner,
v.
WARDEN JAMES HOLLOWAY,
Respondent.

Case No. 3:16-cv-0194
Judge Campbell

ORDER
Petitioner Michael C. King, a state prisoner incarcerated at the West Tennessee State Penitentiary,
has filed a pro se petition for the writ of habeas corpus under 28 U.S.C. § 2241, asserting that he is being
held in custody beyond his release eligibility date (ECF No. 1). The filing fee has been paid, and the habeas
petition is before the Court for an initial review. See 28 U.S.C. § 2243.
As an initial matter, the Clerk is DIRECTED to substitute Warden James Holloway, in his official
capacity, as the respondent in this action, since he is “the person who has custody over [the petitioner].”
Rumsfeld v. Padilla, 542 U.S. 426, 434–35 (2004); 28 U.S.C. § 2242; Fed. R. Civ. P. 25(d).
Second, for the reasons explained in the accompanying Memorandum Opinion, the petition filed in
this case is DENIED and this matter is DISMISSED for failure to exhaust state-court remedies. This dismissal
is WITHOUT PREJUDICE to the petitioner’s ability to refile a habeas petition that satisfies the requirements
of all applicable law after the petitioner has exhausted his state-court remedies.
Because the petitioner's claims do not merit further review, the Court DENIES a Certificate of
Appealability.
The Clerk is DIRECTED to serve a copy of the petition and this Order via certified mail on the
respondent and the Attorney General of Tennessee.
It is so ORDERED.
This is a final judgment for purposes of Fed. R. Civ. P. 58.

TODD CAMPBELL
United States District Judge