Opinion
No.: 2:15-CV-297-JRG-MCLC
11-05-2015
DANIEL H. JONES, Petitioner, v. DEBRA JOHNSON, Respondent.
MEMORANDUM AND ORDER
The Court is in receipt of a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 [Doc. 1] and a motion for leave to proceed in forma pauperis [Doc. 2]. It appears from the application that Plaintiff lacks sufficient financial resources to pay the $5.00 filing fee. Accordingly, the motion for leave to proceed in forma pauperis [Doc. 2] is GRANTED and the Clerk is DIRECTED to serve copies of the petition for a writ of habeas corpus [Doc. 1] and this memorandum and order upon Respondent.
Since it does not plainly appear from the face of the petition that it should be summarily dismissed, Respondent is hereby ORDERED to answer or otherwise respond to the petition within thirty (30) days from the date of this Order. Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Respondent should specifically address whether the petition was timely filed and whether Petitioner has exhausted his available state court remedies. 28 U.S.C. §§ 2244(d), 2254(b).
Any state court records should be sent directly to the Knoxville Division at 800 Market Street, Suite 130, Knoxville, Tennessee 37902. --------
IT IS SO ORDERED.
ENTER:
s/ J. RONNIE GREER
UNITED STATES DISTRICT JUDGE