King v. Tennessee Department of Corrections

Justia Dockets & Filings Sixth Circuit Tennessee Middle District King v. Tennessee Department of Corrections

King v. Tennessee Department of Corrections

Petitioner:	Michael C. King
Respondent:	James Holloway
Case Number:	3:2016cv00194
Filed:	February 8, 2016
Court:	US District Court for the Middle District of Tennessee
Office:	Nashville Office
County:	Cheatham
Presiding Judge:	Todd J. Campbell
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
February 18, 2016	Filing 3 ORDER DISMISSING CASE: As an initial matter, the Clerk is DIRECTED to substitute Warden James Holloway, in his official capacity, as the respondent in this action, since he is "the person who has custody over [the petitioner]." Rumsfeld v . Padilla, 542 U.S. 426, 43435 (2004); 28 U.S.C. § 2242; Fed. R. Civ. P. 25(d). Second, for the reasons explained in the accompanying Memorandum Opinion, the petition filed in this case is DENIED and this matter is DISMISSED for failure to ex haust state-court remedies. This dismissal is WITHOUT PREJUDICE to the petitioner's ability to refile a habeas petition that satisfies the requirements of all applicable law after the petitioner has exhausted his state-court remedies. Signed by District Judge Todd J. Campbell on 2/18/2016. (xc:Pro se party by regular and certified mail & copy of petition and order to Attorney General by certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

Date Filed

Document Text

February 18, 2016

Filing 3 ORDER DISMISSING CASE: As an initial matter, the Clerk is DIRECTED to substitute Warden James Holloway, in his official capacity, as the respondent in this action, since he is "the person who has custody over [the petitioner]." Rumsfeld v . Padilla, 542 U.S. 426, 43435 (2004); 28 U.S.C. § 2242; Fed. R. Civ. P. 25(d). Second, for the reasons explained in the accompanying Memorandum Opinion, the petition filed in this case is DENIED and this matter is DISMISSED for failure to ex haust state-court remedies. This dismissal is WITHOUT PREJUDICE to the petitioner's ability to refile a habeas petition that satisfies the requirements of all applicable law after the petitioner has exhausted his state-court remedies. Signed by District Judge Todd J. Campbell on 2/18/2016. (xc:Pro se party by regular and certified mail & copy of petition and order to Attorney General by certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

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Petitioner: Michael C. King
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Respondent: James Holloway
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