Branham v. State of Tennessee (RHC)

Branham v. State of Tennessee (RHC)

Petitioner:	Melvin Branham
Respondent:	State of Tennessee
Case Number:	3:2014cv00580
Filed:	December 10, 2014
Court:	US District Court for the Eastern District of Tennessee
Office:	Knoxville Office
County:	Sevier
Presiding Judge:	Pamela L Reeves
Presiding Judge:	C Clifford Shirley
Nature of Suit:	Civil Rights
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
February 8, 2017	Filing 5 MEMORANDUM AND ORDER: Because the completed, amended petition is contained in the latter case, Branham v. Donahue, No. 3:15-CV-83, the Court will DISMISS without prejudice the first habeas corpus case which was opened, Branham v. St ate of Tennessee, No. 3:14-CV-580. Obviously, Respondent need not file an answer or other response to the petition in No. 3:14-CV-580. In addition, because the Court entered an order granting Petitioners motion to proceed informa pauperis in Branham v. State of Tennessee, No. 3:14-CV-580 [Docs. 3,4], the Clerk is DIRECTED to refile the in forma pauperis motion and the order granting the motion in Branham v. Donahue, No. 3:15-CV-83. The Court has reviewed the petition in No. 3:15-CV-83 and DIRECT S the Clerk to servecopies of the petition in that case and this Memorandum and Order on 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 dismis sed, Respondent is hereby ORDERED to answer or otherwise respond to the petitionwithin thirty (30) days from the date of this Order. A separate order will enter DISMISSING without prejudice Branham v. State of Tennessee, No. 3:14-CV-580.Signed by District Judge Pamela L Reeves on 2/8/17. (c/m)(ABF)

Date Filed

Document Text

February 8, 2017

Filing 5 MEMORANDUM AND ORDER: Because the completed, amended petition is contained in the latter case, Branham v. Donahue, No. 3:15-CV-83, the Court will DISMISS without prejudice the first habeas corpus case which was opened, Branham v. St ate of Tennessee, No. 3:14-CV-580. Obviously, Respondent need not file an answer or other response to the petition in No. 3:14-CV-580. In addition, because the Court entered an order granting Petitioners motion to proceed informa pauperis in Branham v. State of Tennessee, No. 3:14-CV-580 [Docs. 3,4], the Clerk is DIRECTED to refile the in forma pauperis motion and the order granting the motion in Branham v. Donahue, No. 3:15-CV-83. The Court has reviewed the petition in No. 3:15-CV-83 and DIRECT S the Clerk to servecopies of the petition in that case and this Memorandum and Order on 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 dismis sed, Respondent is hereby ORDERED to answer or otherwise respond to the petitionwithin thirty (30) days from the date of this Order. A separate order will enter DISMISSING without prejudice Branham v. State of Tennessee, No. 3:14-CV-580.Signed by District Judge Pamela L Reeves on 2/8/17. (c/m)(ABF)

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Petitioner: Melvin Branham
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Respondent: State of Tennessee
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