Vaughn v. State of Tennessee
| Christopher Vaughn |
| State of Tennessee and Daron Hall |
| 3:2022cv00663 |
| August 29, 2022 |
| US District Court for the Middle District of Tennessee |
| Eli J Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
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Filing 15
ORDER: Because there can only be one habeas corpus petition before the Court, Petitioner MUST submit one consolidated habeas corpus petition containing all claims for habeas relief, relevant procedural history, factual allegations, legal argument, and requested relief. The consolidated petition should operate as a complete document on its own without incorporating any prior filing, and it will replace the existing Petition for all purposes. The Court MUST receive the consolidated petition within 45 DAYS of the date this Order is entered on the docket. The Clerk SHALL send Petitioner a blank Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241 (AO 242). The Court's October 14 Order (Doc. No. #11 ) is VACATED IN PART to the extent that it requires Respondent to answer, plead, or otherwise respond to the existing Petition by a date certain. The Court will review the consolidated petition and address the response by separate order. Finally, Petitioner's newly-submitted in forma pauperis application (Doc. No. #14 ) is DENIED AS MOOT because Petitioner paid the filing fee on September 7, 2022. Signed by District Judge Eli J. Richardson on 10/26/2022. (xc:Pro se party by regular mail along with a blank AO242 Petition.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 14 APPLICATION for Leave to Proceed In Forma Pauperis by Christopher Vaughn. (ln) |
| Filing 13 "MEMORANDUM ADDRESSING YOUNGER ABSTENSTION EXCEPTIONS, EXHAUSTION OF STATE COURT REMEDIES" by Christopher Vaughn. (ln) |
| Filing 12 AMENDED DOCUMENT by Christopher Vaughn. Amendment to #1 PETITION for Writ of Habeas Corpus Under 28 U.S.C. 2241. (ln) |
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Filing 11
****VACATED IN PART PER ORDER #15 .**** ORDER: Accordingly, the motion (Doc. No. #10 ) is GRANTED and Davidson County Sheriff Daron Hall is substituted as Respondent. The Court's Order directing the State to file a supplemental brief (Doc. No. #7 ) is VACATED. Respondent Hall is DIRECTED to file an answer, plead or otherwise respond to the Petition in accordance with Habeas Rule 5 within 30 DAYS of the date this Order is entered on the docket. By the same date, Respondent shall also file the complete state court record relevant to this matter. Petitioner may file a reply to Respondent's answer, limited to disputing specific points of fact or law raised in the answer, within 30 DAYS of the date the answer is filed. The Clerk SHALL serve a copy of the Petition and this Order on Respondent Hall and the Attorney General of Tennessee. State of Tennessee terminated. Signed by District Judge Eli J. Richardson on 10/14/2022. (xc:Pro se party by regular mail. Copy of Order and Petition mailed to Respondent Daron Hall and the Attorney General of TN.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) Modified on 10/26/2022 (ln).
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| TN State Bar status verified as active for Zachary L. Barker admitted to this court. (ln) |
| Filing 10 MOTION to Dismiss the State of Tennessee as a Party by State of Tennessee. (Barker, Zachary) |
| Filing 9 NOTICE of Appearance by Zachary L. Barker on behalf of State of Tennessee (Barker, Zachary) |
| Filing 8 "AMENDING PETITION MEMORANDUM ADDRESSING YOUNGER ABSTENTION EXCEPTITIONS, EXHAUSTION OF STATE REMEDIES" by Christopher Vaughn. (ln) |
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Filing 7
ORDER: The Court ordered Christopher Vaughn to show cause why his Section 2241 petition should not be dismissed under the Younger abstention doctrine and for failure to exhaust state court remedies. (Doc. No. #5 .) To ensure full and fair consideration of these matters, Respondent SHALL submit a reply brief within 30 DAYS of the date this Order is entered on the docket. The Clerk is DIRECTED to serve a copy of the Petition (Doc. No. #1 ) and this Order on Respondent and the Attorney General of Tennessee. Signed by District Judge Eli J. Richardson on 10/6/2022. (xc:Pro se party by regular mail. Copy of Order mailed to the Attorney General of TN.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 6 RESPONSE TO ORDER #5 TO SHOW CAUSE by Christopher Vaughn. (ln) |
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Filing 5
ORDER TO SHOW CAUSE: It therefore appears that the Petition is subject to dismissal without prejudice under the Younger abstention doctrine and for failure to exhaust state court remedies. Vaughn is ORDERED TO SHOW CAUSE why the Petition should not be dismissed for these reasons. To do so, Vaughn MUST, within 45 DAYS of the date this Order is entered on the docket, submit a written memorandum that directly addresses Younger abstention and exhaustion of state court remedies. Failure to respond or request an extension by the deadline may result in dismissal. Fed. R. Civ. P. 41(b). Signed by District Judge Eli J. Richardson on 9/19/2022. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 4 RECEIPT #34675067039 in the amount of $5.00 posted by Christopher Vaughn re #1 Petition for Writ of Habeas Corpus. (kc) |
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Filing 3
ORDER: To proceed, Petitioner MUST either (1) pay the full $5.00 filing fee to the Clerk of Court, or (2) apply for in forma pauperis status. The Court must receive Petitioner's response within 30 DAYS of the date this Order is entered on the docket. The Clerk SHALL mail Petitioner a blank short-form Application to Proceed in District Court Without Prepaying Fees or Costs for Prisoners (AO 240). Signed by District Judge Eli J. Richardson on 9/1/2022. (xc:Pro se party by regular mail along with a blank short-form IFP Application for Prisoners (AO 240).) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) Modified on 9/1/2022 (ln).
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| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) |
| Filing 1 PETITION for Writ of Habeas Corpus Under 28 U.S.C. 2241 (fee not paid) filed by Christopher Vaughn. (ln) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included). (ln) |
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