Opinion
Civil Action 1:22-cv-13-TBM-LGI
09-13-2022
RICARDO NEWSOME, #123359 PETITIONER v. STATE OF MISSISSIPPI and HARRISON COUNTY CIRCUIT COURT RESPONDENTS
ORDER
TAYLOR B. McNEEL UNITED STATES DISTRICT JUDGE
This matter is before the Court on pro se Petitioner Ricardo Newsome's (“Petitioner”) Petition [2] for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Petitioner is an inmate of the Jefferson County Correctional Facility in Fayette, Mississippi. Petitioner is challenging a conviction imposed by the Harrison County Circuit Court for burglary of a dwelling and resulting 25-year sentence of imprisonment. See Pet. [2] at 3.
Petitioner filed a Motion [5] for Demand for Judgment and a Motion [8] to Compel. In both Motions, Plaintiff argues that he is entitled to habeas relief because the Respondents have not filed an answer to his Petition.
Petitioner is seeking habeas corpus relief under 28 U.S.C. § 2254, therefore, the RULES GOVERNING SECTION 2254 CASES IN THE UNITED STATES DISTRICT COURTS are applicable to Petitioner's case. Pursuant to Rule 5, the “respondent is not required to answer the petition unless a judge so orders.” This case is in the initial stages of review and as of this date, this Court has not ordered a Respondent to respond. As such, Petitioner is not entitled to the relief he seeks. Petitioner's motions will be denied.
IT IS THEREFORE ORDERED that Petitioner's Motion [5] for Demand for Judgment and Motion [8] to Compel are denied.
SO ORDERED.