Easley Sr v. Commissioner, Tennessee Department of Correction
| Prince Derrick Easley Sr |
| Commissioner, Tennessee Department of Correction |
| 3:2022cv00019 |
| January 12, 2022 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 10
ORDER DISMISSING CASE: On February 11, 2022, Petitioner submitted a Response, Amended Petition, and Memorandum. (Doc. Nos. #7 - #9 ). Liberally construed, these filings assert that the State's miscalculation of sentence credits and related actions have violated Petitioner's constitutional due process rights. Accordingly, the Amended Petition is DISMISSED WITHOUT PREJUDICE to allow Petitioner to pursue state remedies. The Court concludes that Petitioner has not satisfied this standard, and therefore DENIES a COA. Petitioner may, however, seek a COA directly from the U.S. Court of Appeals for the Sixth Circuit. Habeas Rule 11; Fed. R. App. P. 22(b)(1). Signed by District Judge William L. Campbell, Jr on 2/18/2022. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 9 AMENDED PETITION against Commissioner, Tennessee Department of Correction, filed by Prince Derrick Easley Sr.(mg) |
| Filing 8 MEMORANDUM in Support of #7 Response to Order to Show Cause filed by Prince Derrick Easley Sr. (mg) |
| Filing 7 RESPONSE TO ORDER TO #6 SHOW CAUSE by Prince Derrick Easley Sr. (mg) Modified on 2/15/2022 (mg). |
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Filing 6
ORDER TO SHOW CAUSE: Prince Derrick Easley, Sr., a prisoner of the Davidson County Sheriff's Office in Nashville, Tennessee, filed a pro se Petition for a writ of habeas corpus under 28 U.S.C. 2254, claiming that prison authorities have miscalculated his sentence credits and sentence expiration date by 118 days. (Doc. No. #1 ). Petitioner also submitted an application for leave to proceed in forma pauperis. (Doc. No. #2 ). Because the information provided establishes that Petitioner does not have sufficient financial resources to pay the filing fee, the application (Doc. No. #2 ) is GRANTED. To proceed, Petitioner MUST show cause why the Court may consider the Petition by demonstrating: (1) the Petition states a cognizable federal habeas claim, and (2) Petitioner has exhausted state remedies regarding each claim. Legal expertise is not required. The Court MUST receive Petitioner's response within 45 DAYS of the date this Order is entered on the docket. The Clerk SHALL mail Petitioner a blank Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2254 (AO 241). Signed by District Judge William L. Campbell, Jr on 1/25/2022. (xc:Pro se party by regular mail along with a blank Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2254 (AO 241).) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| TN State Bar status verified as active for Zachary L. Barker admitted to this court. (mg) |
| Filing 5 NOTICE of Appearance by Zachary L. Barker on behalf of Commissioner, Tennessee Department of Correction (Barker, Zachary) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 3 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (mg) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Prince Derrick Easley Sr. (mg) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Easley Sr Derrick Prince.(mg) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (mg) |
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| Petitioner: Prince Derrick Easley Sr | |
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| Respondent: Commissioner, Tennessee Department of Correction | |
| Represented By: | Zachary L. Barker |
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