Overbay v. Sexton

Full title: NICHOLAS ALLEN OVERBAY, Petitioner, v. DAVID SEXTON, Warden, Respondent.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE

Date published: Jan 21, 2015

No.: 2:14-cv-229 (E.D. Tenn. Jan. 21, 2015)

Opinion

No.: 2:14-cv-229

01-21-2015

NICHOLAS ALLEN OVERBAY, Petitioner, v. DAVID SEXTON, Warden, Respondent.

J. RONNIE GREER UNITED STATES DISTRICT JUDGE

Greer/Inman

MEMORANDUM AND ORDER

The Clerk is hereby DIRECTED to serve copies of this pro se prisoner's petition for a writ of habeas corpus, 28 U.S.C. § 2254, and this Memorandum and Order upon the respondent and the Attorney General for The State of Tennessee.

Since it does not plainly appear from the face of the petition that it should be summarily dismissed, the respondent is hereby ORDERED to answer or otherwise respond to the petition within thirty (30) days from the date of this Order. Rule 4, Rules Governing Section 2254 Cases. The respondent should specifically address whether the petition was timely filed and whether the petitioner has exhausted his available state court remedies. 28 U.S.C. §§ 2244(d), 2254(b).

ENTER:

s / J. RONNIE GREER

UNITED STATES DISTRICT JUDGE