Opinion
No. 3:12-1179
11-27-2012
MICHAEL DESHAY PEOPLES. JR. Petitioner, v. CHERRY LINDAMOOD, WARDEN Respondent.
Judge Trauger
ORDER
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.
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Aleta A. Trauger
United States District Judge