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14-580 - Branham v. State of Tennessee (RHC)


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14-580 - Branham v. State of Tennessee (RHC)
February 8, 2017
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MEMORANDUM AND ORDER: Because the completed, amended petition is contained in the latter case, Branham v. Donahue, No. 3:15-CV-83, the Court will DISMISS without prejudice the first habeas corpus case which was opened, Branham v. State of Tennessee, No. 3:14-CV-580. Obviously, Respondent need not file an answer or other response to the petition in No. 3:14-CV-580. In addition, because the Court entered an order granting Petitioners motion to proceed informa pauperis in Branham v. State of Tennessee, No. 3:14-CV-580 [Docs. 3,4], the Clerk is DIRECTED to refile the in forma pauperis motion and the order granting the motion in Branham v. Donahue, No. 3:15-CV-83. The Court has reviewed the petition in No. 3:15-CV-83 and DIRECTS the Clerk to servecopies of the petition in that case and this Memorandum and Order on Respondent and the Attorney General for The State of Tennessee. Since it does not plainly appear from the face of the petition that it should be summarily dismissed, Respondent is hereby ORDERED to answer or otherwise respond to the petitionwithin thirty (30) days from the date of this Order. A separate order will enter DISMISSING without prejudice Branham v. State of Tennessee, No. 3:14-CV-580.Signed by District Judge Pamela L Reeves on 2/8/17. (c/m)(ABF)