Bailey v. Brun
| Earsel Delano Bailey |
| Warden Chris Brun |
| 3:2023cv00938 |
| September 5, 2023 |
| US District Court for the Middle District of Tennessee |
| Eli J Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
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Filing 8
ORDER: On October 17, 2023, the Court ordered Petitioner Earsel Delano Bailey to show cause that the Petition states a cognizable federal habeas claim and that Petitioner has exhausted state remedies. (Doc. No. #6 .) Plaintiff has timely filed a Motion for an additional forty-five days beyond the current deadline to submit a response. (Doc. No. #7 .) The request appears to be made in good faith and Respondent will not be prejudiced by such a delay at this juncture. Accordingly, the Motion (Doc. No. #7 ) is GRANTED. Allowing for the time remaining under the original deadline, the Court MUST receive Petitioner's submission within 60 DAYS of the date this Order appears on the docket. Failure to comply or request an extension of time by the deadline may result in dismissal under the Habeas Rules or for want of prosecution. Fed. R. Civ. P. 41(b). IT IS SO ORDERED. Signed by District Judge Eli J. Richardson on 11/1/2023. (xc:Pro se party by regular mail. ) (af)
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| Filing 7 MOTION for Extension of Time to File Response as to #6 Order to Show Cause, by Earsel Delano Bailey. (af) |
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Filing 6
ORDER TO SHOW CAUSE: The Court will allow Petitioner an opportunity to address these concerns. Accordingly, Petitioner MUST show cause, if he can, why the Court may consider the Petition. Petitioner must do so, if he can, by submitting an Amended Petition that: (1) states a cognizable federal habeas claim, and (2) demonstrates the exhaustion of state remedies. The Court MUST receive Petitioner's submission within 30 DAYS of the date this Order is entered on the docket. Failure to respond or request an extension by the deadline may result in dismissal. Fed. R. Civ. P. 41(b). 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 Eli J. Richardson on 10/17/2023. (xc:Pro se party by regular mail along with a blank 2254 form. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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| Filing 5 RECEIPT #3000001105 in the amount of $5.00 posted by Earsel Delano Bailey re #4 Order. (mg) |
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Filing 4
ORDER: Earsel Delano Bailey, a state prisoner at Turney Center Industrial Complex in Only, Tennessee, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. 2254. (Doc. No. #1 .) However, Petitioner has not paid the filing fee or applied to proceed as a pauper. To proceed, Petitioner MUST, within 30 DAYS of the date this Order is entered on the docket, either: (1) pay the $5.00 filing fee to the Clerk of Court, or (2) apply for pauper status. The Clerk of Court SHALL mail Petitioner a blank in forma pauperis application for prisoners (AO 240). Signed by District Judge Eli J. Richardson on 9/19/2023. (xc:Pro se party by regular mail along with an IFP application for prisoners.) (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 Sarah J. Stone admitted to this court. (mg) |
| Filing 3 NOTICE of Appearance by Sarah J. Stone on behalf of Earsel Delano Bailey (Stone, Sarah) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Earsel Delano Bailey. (Attachments: #1 Exhibit Exhibits)(kc) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (kc) |
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| Petitioner: Earsel Delano Bailey | |
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| Respondent: Warden Chris Brun | |
| Represented By: | Sarah J. Stone |
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