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Cooksey v. Leibach

United States District Court, Middle District of Tennessee, Nashville Division

November 3, 2014

EVERETTE G. COOKSEY, Petitioner,
v.
BLAIR LEIBACH, Warden, Respondent.

HERBERT H. SLATERY III Attorney General & Reporter

JENNIFER L. SMITH Deputy Attorney General

RESPONDENT’S MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS FOR FAILURE TO EXHAUST STATE REMEDIES

Campbell, Judge

Respondent, Blair Leibach, Warden, moves to dismiss the petition for writ of habeas corpus filed by petitioner, Everette Cooksey, for failure to exhaust state remedies as required by 28 U.S.C. § 2254(b)(1)(A) with respect to his claims that: (1) the Tennessee Department of Correction failed to properly calculate his sentence under a June 15, 2012 judgment of the Davidson County Criminal Court; and (2) that his sentence pursuant to that judgment has expired. The judgment in question— convicting petitioner pursuant to a guilty plea of forgery and sentencing him to six years’ imprisonment in the Tennessee Department of Correction—is attached as Exhibit 1 to respondent’s previously filed motion to dismiss. (D.E. 22-1.)

As set forth more fully in the accompanying Memorandum of Law, petitioner has failed to exhaust available state remedies regarding each of his claims, and his petition should be dismissed without prejudice for failure to exhaust.


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