Shatswell v. Easterling

Shatswell v. Easterling

Petitioner:	William Fount Shatswell
Respondent:	Joe Easterling
Case Number:	3:2011cv00905
Filed:	September 23, 2011
Court:	US District Court for the Middle District of Tennessee
Office:	Nashville Office
County:	Sumner
Presiding Judge:	Aleta A. Trauger
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
October 7, 2011	Filing 4 ORDER: The court has before it a petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. (Docket No. 1). The petitioner, proceeding pro se, is an inmate at the Hardeman County Correctional Facility in Whiteville, Tennessee. The peti tioner has submitted an application to proceed in forma pauperis. (Docket No. 2). It appears from the petitioners application that he cannot afford to pay the filing fee. Therefore, the Clerk will FILE the petition in forma pauperis. 28 U.S.C. § § 1915(a), (b)(4). In his petition, Mr. Shatswell states that currently he has a state post-conviction petition pending in the "Criminal Court of Sumner County at Gallatin, Tennessee" bearing Docket Number 470-2010.1 (Docket No. 1 at p . 8). Thus, the court finds that the petition is premature as the petitioner has not fully exhausted the state court process at this time. Accordingly, his § 2254 petition is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Aleta A. Trauger on 10/7/11. (xc:Pro se party by regular and certified mail.)(af)

Date Filed

Document Text

October 7, 2011

Filing 4 ORDER: The court has before it a petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. (Docket No. 1). The petitioner, proceeding pro se, is an inmate at the Hardeman County Correctional Facility in Whiteville, Tennessee. The peti tioner has submitted an application to proceed in forma pauperis. (Docket No. 2). It appears from the petitioners application that he cannot afford to pay the filing fee. Therefore, the Clerk will FILE the petition in forma pauperis. 28 U.S.C. § § 1915(a), (b)(4). In his petition, Mr. Shatswell states that currently he has a state post-conviction petition pending in the "Criminal Court of Sumner County at Gallatin, Tennessee" bearing Docket Number 470-2010.1 (Docket No. 1 at p . 8). Thus, the court finds that the petition is premature as the petitioner has not fully exhausted the state court process at this time. Accordingly, his § 2254 petition is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Aleta A. Trauger on 10/7/11. (xc:Pro se party by regular and certified mail.)(af)

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Petitioner: William Fount Shatswell
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Respondent: Joe Easterling
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