Pinchon v. Lindamood

Pinchon v. Lindamood

Petitioner:	Edward Pinchon
Respondent:	Cherry Lindamood
Case Number:	3:2016cv03031
Filed:	November 23, 2016
Court:	US District Court for the Middle District of Tennessee
Office:	Nashville Office
County:	Davidson
Presiding Judge:	Kevin H. Sharp
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
March 31, 2021	Filing 45 ORDER ADOPTING REPORT AND RECOMMENDATIONS AND DENYING AMENDED PETITION FOR WRIT OF HABEAS CORPUS: The Court ADOPTS Magistrate Judge Newberns report andrecommendation (ECF No. 41 ), overrules Pinchon's objections (ECF No. 43 ), and overrules W arden Washburn's objections (ECF No. 42 ). For the reasons provided in her report, and for the reasons set out in this opinion, Pinchon's petition for a writ of habeas corpus is DENIED. The Court believes that reasonable jurists could d ebate whether 28 U.S.C. § 2254(d) bars Pinchon's petition for a writ of habeas corpus. See Slack v. McDaniel, 529 U.S. 473, 48384 (2000). And reasonable jurists could debate whether Millers holding extends to Pinchon's sentence. So t he Court GRANTS Pinchon a certificate of appealability. And if Pinchon chooses to appeal, he may proceed in forma pauperis. Signed by District Judge Laurie J. Michelson on 3/31/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
September 3, 2020	Filing 41 REPORT AND RECOMMENDATION: The Antiterrorism and Effective Death Penalty Act (AEDPA) bars this Court from granting Pinchon the relief he seeks, and the Magistrate Judge therefore RECOMMENDS that Pinchon's amended petition for a writ of habeas corpus (Doc. No. 25 ) be DENIED. Signed by Magistrate Judge Alistair Newbern on 9/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)

Date Filed

Document Text

March 31, 2021

Filing 45 ORDER ADOPTING REPORT AND RECOMMENDATIONS AND DENYING AMENDED PETITION FOR WRIT OF HABEAS CORPUS: The Court ADOPTS Magistrate Judge Newberns report andrecommendation (ECF No. 41 ), overrules Pinchon's objections (ECF No. 43 ), and overrules W arden Washburn's objections (ECF No. 42 ). For the reasons provided in her report, and for the reasons set out in this opinion, Pinchon's petition for a writ of habeas corpus is DENIED. The Court believes that reasonable jurists could d ebate whether 28 U.S.C. § 2254(d) bars Pinchon's petition for a writ of habeas corpus. See Slack v. McDaniel, 529 U.S. 473, 48384 (2000). And reasonable jurists could debate whether Millers holding extends to Pinchon's sentence. So t he Court GRANTS Pinchon a certificate of appealability. And if Pinchon chooses to appeal, he may proceed in forma pauperis. Signed by District Judge Laurie J. Michelson on 3/31/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

September 3, 2020

Filing 41 REPORT AND RECOMMENDATION: The Antiterrorism and Effective Death Penalty Act (AEDPA) bars this Court from granting Pinchon the relief he seeks, and the Magistrate Judge therefore RECOMMENDS that Pinchon's amended petition for a writ of habeas corpus (Doc. No. 25 ) be DENIED. Signed by Magistrate Judge Alistair Newbern on 9/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)

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Petitioner: Edward Pinchon
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Respondent: Cherry Lindamood
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