Charles Michael Williams v. State of Tennessee

Summary

The United States District Court for the Western District of Tennessee directs the Clerk to replace the State of Tennessee with Demetric Godfrey, the warden of the facility where the petitioner is confined, as the respondent in a 28 U.S.C. § 2254 habeas action. The Court orders the petitioner to pay the $5.00 habeas filing fee or submit an in forma pauperis application and certified inmate trust account statement within 30 days.

Holdings

1. The proper respondent is the petitioner's immediate custodian, specifically the warden of the facility where the petitioner is confined; the Clerk was directed to terminate the State of Tennessee as respondent and add Warden Demetric Godfrey.
2. A habeas petitioner who has not paid the $5.00 filing fee must either pay the fee or submit a properly completed in forma pauperis application demonstrating indigency together with a certified inmate trust-fund account statement for the preceding six months.

Questions Presented

1. Whether the proper respondent in a habeas petition challenging present physical confinement is the petitioner's immediate custodian rather than the State of Tennessee.
2. Whether a habeas petitioner who has not paid the filing fee must submit the required in forma pauperis application and certified inmate trust-fund account statement.

Disposition

other