Vantrease v. Taylor
| Earl Vantrease, Jr. |
| Sharon Taylor |
| 3:2014cv00728 |
| March 12, 2014 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Kevin H. Sharp |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
85
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 79 Report and Recommendation: In summary, the Court holds that the requirement in the order of referral to hold an evidentiary hearing is rescinded because an evidentiary hearing is unnecessary; Respo ndent's Motion To Dismiss (Docket No. 6 ) is granted as set forth herein; and Petitioner's Amended Petition (Docket No. 70 ) is denied, and this action is dismissed with prejudice. This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by Chief Judge Kevin H. Sharp on 3/29/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 3/30/2017 (hb).
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Filing
79
REPORT AND RECOMMENDATION: The Magistrate Judge RECOMMENDS for the reasons explained below that: 1) the requirement in the order of referral (Doc. 11 ) to conduct an evidentiary hearing be RESCINDED because an evidentiary hearing is unnecessary; 2) respondent's motion to dismiss (Doc. 6 ) be GRANTED; 3) petitioner's amended petition under 28 U.S.C. § 2254 (Doc. 70 ) be DENIED; 4) this action be DISMISSED WITH PREJUDICE; 5) acceptance and adoption of this R&R constitute the FINAL JUDGMENT in this action; 6) any appeal NOT BE CERTIFIED as taken in good faith pursuant to 28 U.S.C. § 1915(a)(3); 7 should the petitioner file a timely notice of appeal, that such notice be docketed as both a notice of appeal and applic ation for a certificate of appealability, which SHOULD NOT ISSUE because jurists of reason would not debate whether the district court was correct in its procedural ruling; 8) any pending motions be TERMINATED AS MOOT. Signed by Magistrate Judge Joe Brown on 1/31/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
16
ORDER: Counsel is required under Rule 8(c) governing habeas corpus cases. Accordingly, the Federal Public Defender's Office is appointed to represent the Petitioner. The clerk will send the Public Defender a copy of this order. The telephone conference previously scheduled for August 12, 2014, (Docket Entry 13) is CANCELED and will be rescheduled once counsel for the Petitioner has filed a notice of appearance and has had time to review the file and be prepared for a meaningful conference. Signed by Magistrate Judge Joe Brown on 7/29/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)
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Filing
13
ORDER: Telephone Conference set for 8/12/2014 at 3:00 PM before Magistrate Judge Joe Brown. To participate in the conference call, parties will call 615-695-2851 at the scheduled time. Signed by Magistrate Judge Joe Brown on 7/22/14. (xc:Pro se party by regular and certified mail. Warden by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 7/23/2014 (dt). Modified on 7/23/2014 (dt).
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| Petitioner: Earl Vantrease, Jr. | |
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| Respondent: Sharon Taylor | |
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