Dellinger v. Bell

Filing 50

ORDER referring this matter to Magistrate Judge C. Clifford Shirley, Jr., for an evidentiary hearing on the issues set forth herein. Additionally, the Court DENIES relief on Petitioner's claim that his mental shortcomings const itute an extraordinary circumstance entitling him to equitable tolling of the one-year statute of limitation. The Court will enter a Judgment Order and include a ruling on a Certificate of Appealability after the resolution of the issues to be considered in the evidentiary hearing. Signed by Chief District Judge Thomas A Varlan on June 12, 2013. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JAMES DELLINGER,

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Petitioner,
v.
ROLAND COLSON, Warden,
Respondent.

No.:

3:09-CV-404
(VARLAN/SHIRLEY)

ORDER
For the reasons expressed in the Court’s memorandum opinion filed
contemporaneously herewith, it is hereby ORDERED that this matter is REFERRED to
Magistrate Judge C. Clifford Shirley, Jr., for an evidentiary hearing. The following issues
shall be the subject of the evidentiary hearing:
1.

whether an attorney-client relationship existed between Petitioner and Ms.
Brockenborough, Mr. Dawson, and the Post Conviction Defender’s Office
(“PCDO”) in relation to the filing of Petitioner’s federal habeas petition in his
Sevier County case;

2.

whether Ms. Brockenborough’s mental illness and/or the alleged abandonment
by the attorneys and the PCDO constitute an extraordinary circumstance under
the standard espoused in Holland v. Florida, 130 S. Ct. 2549 (2010);

3.

whether Petitioner diligently pursued his federal habeas remedies in his Sevier
County case; and

4.

any other matter Magistrate Judge Shirley deems appropriate.

Additionally, the Court DENIES relief on Petitioner’s claim that his mental shortcomings
constitute an extraordinary circumstance entitling him to equitable tolling of the one-year
statute of limitation. The Court will enter a Judgment Order and include a ruling on a
Certificate of Appealability after the resolution of the issues to be considered in the
evidentiary hearing.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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