
    MACK FINANCIAL CORPORATION, Plaintiff, v. Billy CLEVINGER, Defendant.
    No. CIV-2-80-59.
    United States District Court, E. D. Tennessee, Northeastern Division.
    April 22, 1980.
    William H. Skelton, Knoxville, Tenn., for plaintiff.
    No attorney of record for defendant.
   MEMORANDUM AND ORDER

NEESE, District Judge.

This is a diversity action. The plaintiff sought, inter alia, to expedite its action for a writ of possession, T.C.A. § 23-2346, herein, and a possessory hearing was ordered on April 4, 1980 to be held on April 25, 1980. The plaintiff moved on April 22, 1980 for a continuance of such possessory hearing for a minimum period of 3 weeks. That motion lacks merit.

It is specifically required by T.C.A. § 23-2344(c) that such a possessory hearing “ * * * shall be held in not less than five (5) nor more than twenty (20) days after the process is served upon the defendant. * * *” Except for the provisions of T.C.A. § 23-2346 relating to the expedition of possessory hearings, actions commenced pursuant thereto are governed by the remaining provisions of T.C.A. §§ 23-2341— 23-2351. T.C.A. § 23-2346(C).

Process, showing on its face that a possessory hearing would be held before a judge of this Court on April 25, 1980 at 12:30 o’clock, p. m., was served upon the defendant on April 8, 1980. Therefore, this Court lacks the authority to continue such hearing beyond April 28, 1980, and the plaintiff’s motion for a continuance for a greater period of time than that hereby is

DENIED.  