Leberry v. John Howerton
| Ronnell Jason Leberry |
| Ricky Bell and State of Tennessee |
| 3:2010cv00624 |
| June 25, 2010 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Robert Echols |
| 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
95
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court hereby rules as follows: (1) The R & R, (Docket No. 91 ), is ACCEPTED and APPROVED; and (2) Petitioner's claim for ineffective assistance of counsel in failing to properly impeach the victim is hereby DENIED for an unexcused procedural default; and (3) Petitioner's Petition for Writ of Habeas Corpus, (Docket No. 1 ), is DISMISSED. The Clerk of the Court shall enter a final judgment in accordance with Rule 72 of the Federal Rules of Civil Procedure. It is so ORDERED. Signed by Chief Judge Kevin H. Sharp on 1/27/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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Filing
71
ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons explained in the accompanying Memorandum, the Court enters the following rulings: (1) The Report and Recommendation (docket No. 63 ) is hereby ACCEPTED and APPROVED; (2) Petitioner's Ob jections to the Report and Recommendation (Docket No. 68 ) are hereby OVERRULED; (3) Petitioner's 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (Docket No. 1 ) and his Amended Petition for Writ of Habeas Corpus (Docket No. 50 ) ar e hereby DENIED; and (4) A Certificate of Appealability is hereby issued solely on question of whether Petitioner can show cause for the procedural default of his ineffective assistance of trial counsel claims in light of the recent Supreme Court decision in Martinez v. Ryan, 132 S.Ct. 1309 (2012). The Clerk is directed to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 7/23/2012. (hb)
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Filing
53
ORDER: The respondent may respond to the amended petition within 20 days of the date of entry of this order on the docket. Within 20 days of the date of the filing of respondent's response to the amended petition, Petitioner may file a reply. The Clerk is directed to serve a copy of the petition and this order by certified mail on the respondent and the Attorney General of Tennessee. Signed by District Judge Kevin H. Sharp on 6/29/11. (dt)
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Filing
43
ORDER: This Motion for Discovery 41 is Denied without prejudice to be renewed by appointed counsel. Signed by District Judge William J. Haynes, Jr on 3/7/11. (dt)
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Filing
19
ORDER: Respondent is to file a response to this petition within 20 days from the date of entry of this Order. Within 90 days after the filing of the state record, Petitioner shall file a summary of the state court record, on the following subjects in the order set forth below. Within 20 days from the date of the filing of the Petitioner's statement, the Respondent shall file his response, if any. The Petitioner's statement and Respondent's response shall also be e-mailed to the Court's secretary. Signed by District Judge William J. Haynes, Jr on 8/5/10. (dt)
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Filing
7
ORDER: Respondent shall file an answer, plead or otherwise respond to the petition in conformance with Rule 5, Rules --- § 2254 Cases, within 30 days of the date of entry of this Order on the docket. Petitioner, within 14 days from the date of e ntry of this order, shall file a statement acknowledging whether he has filed any previous petitions under 28 U.S.C. § 2254 for a federal writ. The Clerk is directed to serve a copy of the petition and this Order by certified mail on the respondent, Warden Bell, and the Attorney General of Tennessee. Signed by Senior Judge Robert Echols on 6/30/10. (dt)
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