Johnson v. Morrow

Johnson v. Morrow

Petitioner:	James Lee Johnson
Respondent:	Jim Morrow
Case Number:	3:2013cv00430
Filed:	May 6, 2013
Court:	US District Court for the Middle District of Tennessee
Office:	Nashville Office
County:	Davidson
Presiding Judge:	Kevin H. Sharp
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
May 13, 2013	Filing 6 MEMORANDUM AND ORDER: The petition presented here is clearly barred by the statute of limitations and based on the petitioners having defaulted on his obligation to pursue state-court remedies prior to seeking federal habeas relief. The petition th erefore fails to state any viable basis for federal habeas relief. Because an appeal by the petitioner would not warrant attention on the merits, the Court DENIES a COA. The petitioner will not be permitted to appeal unless he seeks and obtains a C OA directly from the Sixth Circuit Court of Appeals. The Clerk is directed to serve a copy of this order on the respondent and the petitioner. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 5/13/2013. (xc:Pro se party AND respondent by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

Date Filed

Document Text

May 13, 2013

Filing 6 MEMORANDUM AND ORDER: The petition presented here is clearly barred by the statute of limitations and based on the petitioners having defaulted on his obligation to pursue state-court remedies prior to seeking federal habeas relief. The petition th erefore fails to state any viable basis for federal habeas relief. Because an appeal by the petitioner would not warrant attention on the merits, the Court DENIES a COA. The petitioner will not be permitted to appeal unless he seeks and obtains a C OA directly from the Sixth Circuit Court of Appeals. The Clerk is directed to serve a copy of this order on the respondent and the petitioner. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 5/13/2013. (xc:Pro se party AND respondent by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

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Petitioner: James Lee Johnson
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Respondent: Jim Morrow
Represented By:	Nicholas White Spangler
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