Lacy v. Riverbend Maximum Security Institution

Filing 13

JUDGMENT ORDER. The Clerk is DIRECTED to update the Court's docket to list Tony Mays as Respondent herein. Respondent's motion to dismiss the petition 10 is GRANTED on the ground that the petition is time-barred. A COA will not issue. The Court CERTIFIES that any appeal in this matter would not be taken in faith. Because the Court CERTIFIED in the memorandum opinion that any appeal from this order would not be taken in good faith, should Petitioner file a notice of appeal, he is DENIED leave to appeal in forma pauperis. This action is DISMISSED Signed by District Judge J. Ronnie Greer on 8/1/22. (c/m Anthony J. Lacy 528622 RIVERBEND MAXIMUM SECURITY INSTITUTION 7475 COCKRILL BEND BOULEVARD NASHVILLE, TN 37209-1048 ) (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
ANTHONY J. LACY,

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Petitioner,
v.
TONY MAYS, 1
Respondent.

No. 2:22-CV-00040-JRG-CRW

JUDGMENT ORDER
In accordance with the accompanying memorandum opinion:
1. The Clerk is DIRECTED to update the Court’s docket to list Tony Mays as
Respondent herein;
2. Respondent’s motion to dismiss the petition [Doc. 10] is GRANTED on the ground
that the petition is time-barred;
3. A COA will not issue;
4. The Court CERTIFIES that any appeal in this matter would not be taken in good faith.
28 U.S.C. § 1915(a)(3);
5. Because the Court CERTIFIED in the memorandum opinion that any appeal from this
order would not be taken in good faith, should Petitioner file a notice of appeal, he is
DENIED leave to appeal in forma pauperis. See 28 U.S.C. § 1915(a)(3); Fed. R. App.
P. 24;
6. This action is DISMISSED; and
7. The Clerk is DIRECTED to close the file.
So ordered.

1
As the Court previously noted [Doc. 8 at 1 n.1], Tony Mays is the Warden of Riverbend Maximum Security
Institute, https://www.tn.gov/correction/sp/state-prison-list/riverbend-maximum-security-institution.html (last visited
July 27, 2022), which is where Petitioner is confined, [Doc. 1 at 1]. Thus, Warden Mays is the proper Respondent in
this matter. Rule 2(a) of the Rules Governing 2254 and 2255 Cases. As such, the Court will DIRECT the Clerk to
update the Court’s docket to list Tony Mays as Respondent.

ENTER:
s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT:
s/ LeAnna R. Wilson
District Court Clerk

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