McCurry v. Mills et al

Filing 22

JUDGMENT ORDER, entered by the Clerk, re 21 Memorandum Opinion denying the petition for the writ of habeas corpus and dismissing this action. Should the petitioner give timely notice of an appeal from this decision, such notice will be treated as a n application for a certificate of appealability, which under the circumstances is hereby DENIED. The court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. The court further DENIES the petitioner leave to proceed in forma pauperis on appeal. Signed by District Judge Thomas W Phillips on August 31, 2009. (copy mailed to Mr. McCurry) (AYB)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

JAMES L. McCURRY, Petitioner, v. DAVID MILLS, Warden, Respondent.

) ) ) ) ) ) ) ) ) JUDGMENT ORDER

3:06-cv-332 Phillips

In accordance with the accompanying Memorandum, the petition for the writ of habeas corpus is DENIED and this action is DISMISSED. Should the petitioner give timely notice of an appeal from this decision, such notice will be treated as an application for a certificate of appealability, which under the circumstances is hereby DENIED. The court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. The court further DENIES the petitioner leave to proceed in forma pauperis on appeal. ENTER: s/ Thomas W. Phillips United States District Judge ENTERED AS A JUDGMENT s/ Patricia L. McNutt CLERK OF COURT