McNish v. Bell

Filing 188

JUDGMENT ORDER, entered by the Clerk, whereby the petitioner's motion for partial summary judgment is DENIED, the respondent's motion for summary judgment is GRANTED, and the petition for the writ of habeas corpus is DENIED. The stay of execution previously entered in this matter is VACATED. A certificate of appealability SHALL NOT ISSUE. Signed by District Judge Thomas W Phillips on February 12, 2013. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE

DAVID McNISH,
Petitioner,
v.

RICKY BELL, Warden,
Respondent.

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No.:

2:00-cv-95
(Judge Phillips)

JUDGMENT ORDER

In accordance with the accompanying Memorandum, the petitioner's motion for partial
summary judgment is DENIED, the respondent's motion for summary judgment is
GRANTED, and the petition for the writ of habeas corpus is DENIED. The stay of
execution previously entered in this matter is VACATED. A certificate of appealability
SHALL NOT ISSUE.

ENTER:
s/ Thomas W. Phillips
United States District Judge
ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT