Peoples v. Parris

Peoples v. Parris

Plaintiff:	Rivera L. Peoples
Defendant:	Mike Parris
Case Number:	3:2015cv00666
Filed:	June 15, 2015
Court:	US District Court for the Middle District of Tennessee
Office:	Nashville Office
County:	Davidson
Presiding Judge:	William J. Haynes
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 28, 2024	Filing 51 ORDER: Before the court is the Magistrate Judge's Report and Recommendation ("R&R") (Doc. No. 34 ), recommending that petitioner Rivera Peoples' Amended Petition and Supplemental Amended Petition (Doc. No. 19 ), seeking relief u nder 28 U.S.C. § 2254, be denied in its entirety and dismissed with prejudice, to which both parties have filed objections. Also pending is petitioner Rivera Peoples' pro se Motion for Leave to File Pro Se Supplemental Objection (Doc. No. 49 ). That motion is GRANTED, and the court has taken into consideration the Supplemental Objection. For the reasons stated in the accompanying Memorandum, however, the petitioner's Amended Objections (Doc. No. 46 ) (filed by counsel) and the petitioner's pro se Supplemental Objection (Doc. No. 49 -1) are OVERRULED, and the respondent's Objections are GRANTED even though they make no difference to the outcome of the case. The R&R (Doc. No. 34 ) is ACCEPTED, insofar is it recom mends that Peoples' Amended and Supplemental Petition (Doc. No. 19 ) be denied. The court also finds that the petitioner is not entitled to relief on the basis of the claims set forth in the original habeas Petition. (Doc. No. 1 .) Accordingly , both petitions for relief (Doc. Nos. 1 , 19 ) are DENIED, and this action is DISMISSED. Further, the court DENIES a Certificate of Appealability ("COA"). The petitioner may, however, request a COA directly from the Sixth Circuit Court of Appeals. Fed. R. App. P. 22(b)(1). This is a final judgment for purposes of Federal Rule of Civil Procedure 58. Signed by District Judge Aleta A. Trauger on 8/28/2024. (am)

Date Filed

Document Text

August 28, 2024

Filing 51 ORDER: Before the court is the Magistrate Judge's Report and Recommendation ("R&R") (Doc. No. 34 ), recommending that petitioner Rivera Peoples' Amended Petition and Supplemental Amended Petition (Doc. No. 19 ), seeking relief u nder 28 U.S.C. § 2254, be denied in its entirety and dismissed with prejudice, to which both parties have filed objections. Also pending is petitioner Rivera Peoples' pro se Motion for Leave to File Pro Se Supplemental Objection (Doc. No. 49 ). That motion is GRANTED, and the court has taken into consideration the Supplemental Objection. For the reasons stated in the accompanying Memorandum, however, the petitioner's Amended Objections (Doc. No. 46 ) (filed by counsel) and the petitioner's pro se Supplemental Objection (Doc. No. 49 -1) are OVERRULED, and the respondent's Objections are GRANTED even though they make no difference to the outcome of the case. The R&R (Doc. No. 34 ) is ACCEPTED, insofar is it recom mends that Peoples' Amended and Supplemental Petition (Doc. No. 19 ) be denied. The court also finds that the petitioner is not entitled to relief on the basis of the claims set forth in the original habeas Petition. (Doc. No. 1 .) Accordingly , both petitions for relief (Doc. Nos. 1 , 19 ) are DENIED, and this action is DISMISSED. Further, the court DENIES a Certificate of Appealability ("COA"). The petitioner may, however, request a COA directly from the Sixth Circuit Court of Appeals. Fed. R. App. P. 22(b)(1). This is a final judgment for purposes of Federal Rule of Civil Procedure 58. Signed by District Judge Aleta A. Trauger on 8/28/2024. (am)

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Plaintiff: Rivera L. Peoples
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Defendant: Mike Parris
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