Short v. Donahue
| Nicholas Short |
| Micheal Donahue |
| 3:2014cv02313 |
| December 1, 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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The following documents for this case are available for you to view or download:
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Filing
56
MEMORANDUM OPINION AND ORDER: Pending before the Court is a motion for relief from judgment (Doc. No. 51 ) filed by Petitioner, to which Respondent has responded in opposition (Doc. No. 55 ). Petitioner's motion for relief from judgment (Do c. No. 51 ) therefore is DENIED. Because reasonable jurists would agree that Petitioner is not entitled to relief pursuant to Rule 60(b) under these circumstances, the Court DENIES a certificate of appealability (COA) from this Order. See United S tates v. Hardin, 481 F.3d 924, 925 (6th Cir. 2007) (holding that a certificate of appealability is required before an appeal of the denial of Rule 60(b) motion can be heard). Petitioner may still seek a COA directly from the Sixth Circuit Court of Appeals. Rule 11(a), Rules Gov'g § 2254 Cases. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/31/2018. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing
33
MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Kevin H. Sharp on 12/22/15. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
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Filing
15
ORDER: For the reasons explained more fully in the memorandum entered contemporaneously herewith, the respondent's motion to dismiss 11 is hereby GRANTED for failure to exhaust state court remedies. Accordingly, the petition is DENIED, and this action is DISMISSED WITHOUT PREJUDICE to refile once the petitioner has exhausted his state court remedies. The dismissal also is without prejudice with regard to the petitioner's ability to refile actions under 28 U.S.C. § 2241. I n this case, reasonable jurists cannot conclude that the court abused its discretion in granting respondents motion to dismiss. Thus, the court DENIES a certificate of appealability. Signed by Chief Judge Kevin H. Sharp on 3/26/15. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Petitioner: Nicholas Short | |
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| Respondent: Micheal Donahue | |
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