Perry v. Byrd
| Juan L. Perry |
| Raymond Byrd |
| 1:2020cv00046 |
| August 14, 2020 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 7
ORDER DISMISSING CASE: Juan L. Perry, a state prisoner, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. 2241 ("Section 2241 Petition") and a prisoner trust fund account statement (Doc. Nos. #1 , #2 ). The Court granted Petitioner permission to proceed as a pauper and, upon initial review, ordered him to show cause why the Petition was not untimely. (Doc. No. #5 ). Petitioner has timely responded. (Doc. Nos. #6 , 6-1). The Petition is untimely under the applicable one-year statute of limitations, and the Court finds that Petitioner is not entitled to equitable tolling or other relief. Accordingly, the Petition (Doc. No. #1 ) is DISMISSED as time-barred. Here, jurists of reason could not disagree with the Court's resolution of the Petition. Accordingly, the Court DENIES a COA. Petitioner may still seek a COA directly from the Court of Appeals for the Sixth Circuit. Signed by District Judge William L. Campbell, Jr on 9/17/2020. (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 6 PETITIONER'S DEMONSTRATION of Cause of Why The Petition for Writ of Habeas Corps Should Not Be Dismissed by Juan L. Perry (Attachments: #1 Exhibit 1 - Affidavit of Plaintiff Juan L. Perry)(mg) |
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Filing 5
ORDER TO SHOW CAUSE: Juan L. Perry, a state prisoner, filed a pro se petition for a writ of habeas corpus ("Petition") under 28 U.S.C. 2241 (Doc. No. #1 ) and a prisoner trust fund account statement (Doc. No. #2 ). The application sufficiently indicates that Petitioner, a prisoner for over 15 years, does not have sufficient financial resources to pay the filing fee. Petitioner's application is therefore GRANTED. It appears that Petitioner's Section 2241 Petition is untimely. Out of an abundance of caution, the Court will give pro se Petitioner an additional opportunity to justify the timeliness of the Petition. Accordingly, Petitioner is ORDERED TO SHOW CAUSE as to why the Petition should not be dismissed as untimely. If Petitioner claims he is entitled to equitable tolling, he must provide specific reasons, not a general statement. Petitioner's response, or a written motion for an extension of time, must be received in writing by the Court within 30 DAYS of the date of this Order. Signed by District Judge William L. Campbell, Jr on 8/26/2020. (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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| TN State Bar status verified as active for John H. Bledsoe, III. (mg) |
| Filing 4 NOTICE of Appearance by John H. Bledsoe, III on behalf of Raymond Byrd (Bledsoe, John) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (mg) |
| Filing 2 Prisoner Trust Fund Account Statement by Juan L. Perry. (mg) (Main Document 2 replaced on 8/17/2020) (mg). |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Juan L. Perry.(mg) |
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| Respondent: Raymond Byrd | |
| Represented By: | John H. Bledsoe, III |
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| Petitioner: Juan L. Perry | |
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