Demery v. Easterling et al
| Timothy Lee Demery |
| Robert E Cupp, Joseph Easterling and K.C. Baedwin |
| 2:2013cv00209 |
| August 8, 2013 |
| US District Court for the Eastern District of Tennessee |
| Greeneville Office |
| XX US, Outside State |
| J Ronnie Greer |
| Dennis H Inman |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
17
MEMORANDUM OPINION: Respondent has filed an unopposed motion to dismiss the petition as untimely, (Doc 14), and this habeas corpus case is now ripe for disposition. Respondents motion has merit and will be GRANTED and this case will be DISMISSED. Because the petition is time-barred, the Court will GRANT the Wardens motion to dismiss and will DISMISS the petition as untimely under § 2244(d). Given the firm procedural basis upon which is based the dismissal of this petition, the Court finds that jurists of reason would not conclude the disposition of this case is debatable or wrong. Because petitioner has failed to make a substantial showing of the denial of a constitutional right, a COA will not issue. (C/M) Signed by District Judge J Ronnie Greer on 9/11/2014. (LMC)
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