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16-194 - King v. Tennessee Department of Corrections


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16-194 - King v. Tennessee Department of Corrections
February 18, 2016
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MEMORANDUM signed by District Judge Todd J. Campbell on 2/18/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
February 18, 2016
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ORDER DISMISSING CASE: As an initial matter, the Clerk is DIRECTED to substitute Warden James Holloway, in his official capacity, as the respondent in this action, since he is "the person who has custody over [the petitioner]." Rumsfeld v. Padilla, 542 U.S. 426, 43435 (2004); 28 U.S.C. ยง 2242; Fed. R. Civ. P. 25(d). Second, for the reasons explained in the accompanying Memorandum Opinion, the petition filed in this case is DENIED and this matter is DISMISSED for failure to exhaust state-court remedies. This dismissal is WITHOUT PREJUDICE to the petitioner's ability to refile a habeas petition that satisfies the requirements of all applicable law after the petitioner has exhausted his state-court remedies. Signed by District Judge Todd J. Campbell on 2/18/2016. (xc:Pro se party by regular and certified mail & copy of petition and order to Attorney General by certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)