Sutton v. Bell

Filing 128

ORDER that an evidentiary hearing on the claims pertaining to Dr. Harlan will be held in Knoxville on Monday, February 1, 2010, at 10:00 a.m. and the Court will RESERVE RULING on Petitioner's cumulative error claim pending resolution of the Dr. Harlan claims. In addition, Sutton's claim that he cannot be executed because he is incompetent is DISMISSED WITHOUT PREJUDICE. As to all other claims, Respondent's motion for summary judgment is GRANTED 30 . The Court will RESERVE RULING on a Certificate of Appealabilty as to the dismissed claims pending the conclusion of the evidentiary hearing. Signed by District Judge Thomas A Varlan on January 22, 2010. (AYB)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE GARY WAYNE SUTTON Petitioner, v. RICKY BELL, WARDEN, Respondent. ) ) ) ) ) ) ) )

No.:

3:06-cv-388 (VARLAN/SHIRLEY) DEATH PENALTY

ORDER For the reasons expressed in the Court's memorandum filed herewith, it is hereby ORDERED an evidentiary hearing on the claims pertaining to Dr. Harlan will be held in Knoxville on Monday, February 1, 2010, at 10:00 a.m. and the Court will RESERVE RULING on Petitioner's cumulative error claim pending resolution of the Dr. Harlan claims. In addition, Sutton's claim that he cannot be executed because he is incompetent is DISMISSED WITHOUT PREJUDICE. As to all other claims, Respondent's motion for summary judgment is GRANTED [Doc. 30]. The Court will RESERVE RULING on a Certificate of Appealabilty as to the dismissed claims pending the conclusion of the evidentiary hearing. IT IS SO ORDERED. s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE