Hearing v. Lindamood

Filing 68

ORDER, Petitioner's pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc. 25-1] is DENIED, and this action is DISMISSED. Additionally, as the Court now denies Petitioners §2254 petition, his motion for summary judgment 52 is DENIED AS MOOT. Likewise, Petitioner's motion for discovery 59 and motion to set a date for a summary judgment hearing 60 are DENIED AS MOOT. Finally, Petitioner's motions for judicial notice [Docs. 65 , 66 ] are also DENIED AS MOOT. A COA will NOT ISSUE. Therefore, Petitioner is DENIED leave to proceed in forma pauperis on any subsequent appeal. Signed by District Judge R. Leon Jordan on 10/6/21. (c/m)(ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
DAVID HEARING,
Petitioner,
v.
GRADY PERRY 1,
Respondent.

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No.

2:18-CV-00094-RLJ-CRW

ORDER
In accordance with the accompanying memorandum opinion, Petitioner’s pro se petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc. 25-1] is DENIED, and this action
is DISMISSED.
Additionally, as the Court now denies Petitioner’s §2254 petition, his motion for summary
judgment [Doc. 52] is DENIED AS MOOT. Likewise, Petitioner’s motion for discovery [Doc.
59] and motion to set a date for a summary judgment hearing [Doc. 60] are DENIED AS MOOT.
Finally, Petitioner’s motions for judicial notice [Docs. 65, 66] are also DENIED AS MOOT.
For the reasons set forth in the accompanying memorandum opinion, a COA will NOT
ISSUE. Therefore, Petitioner is DENIED leave to proceed in forma pauperis on any subsequent
appeal. 28 U.S.C. § 2253; Rule 22(b) of the Federal Rules of Appellate Procedure.

Although Petitioner names Cherry Lindamood as the Respondent, Grady Perry is the current
warden of South Central Correctional Center, where Petitioner is confined, and is thus the proper
Respondent.
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The Clerk is DIRECTED to close the civil file.

IT IS SO ORDERED.
ENTER:
s/ Leon Jordan
United States District Judge
ENTERED AS A JUDGMENT
s/ LeAnna R. Wilson
CLERK OF COURT