Todd v. State of Tennessee

Todd v. State of Tennessee

Petitioner:	David B. Todd, III
Respondent:	State of Tennessee
Case Number:	3:2012cv00482
Filed:	May 16, 2012
Court:	US District Court for the Middle District of Tennessee
Office:	Nashville Office
County:	Cannon
Presiding Judge:	Aleta A. Trauger
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 20, 2012	Filing 28 ORDER: In accordance with the Memorandum contemporaneously entered, the Court finds merit in the respondents Motion to Dismiss (Docket Entry No.23). Therefore, said Motion is GRANTED and this action is hereby DISMISSED as untimely. Rule 8(a), Rules - - - § 2254 Cases. The dismissal of this action has rendered MOOT the petitioners Motion for Leave to Amend (Docket Entry No.26). Accordingly, the Motion is DENIED for that reason. Should the petitioner file a timely notice of appeal from this o rder, such notice shall be treated as an application for a certificate of appealability, 28 U.S.C. § 2253(c), which will NOT issue because the petitioner is unable to make a substantial showing of the denial of a constitutional right. It is so ORDERED.. Signed by District Judge Aleta A. Trauger on 8/20/12. (xc:Pro se party by regular and certified mail.)(afs)
May 15, 2012	Filing 9 ORDER: Because the issue of the filing fee has not yet been resolved, the petitioner's pending motions 6 and 7 are premature. For that reason, they are hereby DENIED, subject to renewal at a later date. Signed by District Judge Aleta A. Trauger on 5/15/12. (xc:Pro se party by regular and certified mail.)(dt) [Transferred from Tennessee Middle on 5/16/2012.]

Date Filed

Document Text

August 20, 2012

Filing 28 ORDER: In accordance with the Memorandum contemporaneously entered, the Court finds merit in the respondents Motion to Dismiss (Docket Entry No.23). Therefore, said Motion is GRANTED and this action is hereby DISMISSED as untimely. Rule 8(a), Rules - - - § 2254 Cases. The dismissal of this action has rendered MOOT the petitioners Motion for Leave to Amend (Docket Entry No.26). Accordingly, the Motion is DENIED for that reason. Should the petitioner file a timely notice of appeal from this o rder, such notice shall be treated as an application for a certificate of appealability, 28 U.S.C. § 2253(c), which will NOT issue because the petitioner is unable to make a substantial showing of the denial of a constitutional right. It is so ORDERED.. Signed by District Judge Aleta A. Trauger on 8/20/12. (xc:Pro se party by regular and certified mail.)(afs)

May 15, 2012

Filing 9 ORDER: Because the issue of the filing fee has not yet been resolved, the petitioner's pending motions 6 and 7 are premature. For that reason, they are hereby DENIED, subject to renewal at a later date. Signed by District Judge Aleta A. Trauger on 5/15/12. (xc:Pro se party by regular and certified mail.)(dt) [Transferred from Tennessee Middle on 5/16/2012.]

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Respondent: State of Tennessee
Represented By:	Scott C. Sutherland
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Petitioner: David B. Todd, III
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