Opinion
Case No. 1:16-CV-398
10-13-2016
ANTWON M. COOK, Petitioner, v. DAVID J. EBBERT, Warden, and HERBERT H. SLATERY, III, Attorney General for the State of Tennessee,, Respondents.
Magistrate Judge Susan K. Lee
MEMORANDUM AND ORDER
Acting pro se, Antwon M. Cook, a federal prisoner, filed this petition for a writ of habeas corpus under 28 U.S.C. § 2254. (Doc. 1.) Petitioner challenges his 2006 Bradley County, Tennessee, convictions for cocaine-related offenses, for which he received a sentence of eight years' imprisonment. (Id. at 1.) The Clerk is DIRECTED to add the Attorney General for The State of Tennessee, Herbert H. Slatery, III, as a respondent and to serve copies of the petition and this Memorandum and Order on both Respondents.
Since it does not plainly appear from the face of the petition that it should be summarily dismissed, Respondent Slatery is 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 In The United States District Courts. Respondent Slatery should specifically address whether the habeas corpus petition was timely filed and whether Petitioner has exhausted his available state court remedies. 28 U.S.C. §§ 2244(d), 2254(b).
Although a reply is not necessary, if Petitioner wishes to file a reply, he SHALL file that reply within thirty (30) days from the date Respondent files his answer with the Court. Rule 5(e), Rules Governing Section 2254 Proceedings In The United States District Courts. Any reply should not exceed twenty-five pages; must directly reply to the points and authorities in the Warden's answer; and must not to be used to reargue the points and authorities included in the petition or to present any new issues. See E.D. Tenn. L.R. 7.1(b) and (c).
SO ORDERED.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE