Spurling v. Westbrooks

Spurling v. Westbrooks

Petitioner:	James Tracy Spurling
Respondent:	Bruce Westbrooks
Case Number:	1:2013cv00410
Filed:	December 17, 2013
Court:	US District Court for the Eastern District of Tennessee
Office:	Chattanooga Office
County:	McMinn
Presiding Judge:	Curtis L Collier
Presiding Judge:	Susan K Lee
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
January 13, 2015	Filing 8 MEMORANDUM AND OPINION: the Court will GRANT the Wardens motion to dismiss and will DISMISS the petition as untimely under § 2244(d). The Court finds Petitioner has failed to make a substantial showing of the denial of a cons titutional right because jurists of reason would not disagree about the correctness of its procedural ruling concerning the timeliness of the petition. See Slack v. McDaniel, 529 U.S. 473 (2000); Murphy v. Ohio, 263 F.3d 466, 467 (6th Cir. 2001); Por terfield v. Bell, 258 F.3d 484, 487 (6th Cir. 2001). Therefore, the Court will also DENY issuance of a certificate of appealability, 28 U.S.C. § 2253; Fed. R. App. P. 22(b).Signed by District Judge Curtis L Collier on 01/13/2015. (aws, ) Mailed to James Spurling Modified on 1/13/2015 (aws, ).

Date Filed

Document Text

January 13, 2015

Filing 8 MEMORANDUM AND OPINION: the Court will GRANT the Wardens motion to dismiss and will DISMISS the petition as untimely under § 2244(d). The Court finds Petitioner has failed to make a substantial showing of the denial of a cons titutional right because jurists of reason would not disagree about the correctness of its procedural ruling concerning the timeliness of the petition. See Slack v. McDaniel, 529 U.S. 473 (2000); Murphy v. Ohio, 263 F.3d 466, 467 (6th Cir. 2001); Por terfield v. Bell, 258 F.3d 484, 487 (6th Cir. 2001). Therefore, the Court will also DENY issuance of a certificate of appealability, 28 U.S.C. § 2253; Fed. R. App. P. 22(b).Signed by District Judge Curtis L Collier on 01/13/2015. (aws, ) Mailed to James Spurling Modified on 1/13/2015 (aws, ).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Tennessee Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Spurling v. Westbrooks
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: Bruce Westbrooks
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: James Tracy Spurling
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?