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17-009 - Covington v. Leibach

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17-009 - Covington v. Leibach
January 20, 2017
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MEMORANDUM AND ORDER: The Clerk is DIRECTED to serve copies of the petition and this Memorandum and Order upon Respondent and the Attorney General for The State of Tennessee. However, Respondent will not be ordered to answer because the exhaustion rule calls for its sua sponte dismissal. Accordingly, since Petitioner has failed to bear his burden of showing exhaustion of such state remedies as may be available with respect to his claims, Rust, 17 F.3d at 160, he may not pursue the sentencing claims, at the present time, in this federal habeas corpus action. Therefore, the Court will DENY a COA. Signed by District Judge J Ronnie Greer on 01/20/2017. (C/M to pro se Petitioner; Respondent and Attorney General for the State of Tennessee with petition) (AMP)