Linder v. Osborne et al

Filing 51

JUDGMENT ORDER, entered by the Clerk, whereby petitioner's motion for summary judgment is DENIED, the petition for the writ of habeas corpus is DENIED and this action is DISMISSED. All other pending motions are DENIED as MOOT. 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. Signed by District Judge Thomas W Phillips on August 10, 2012. (mailed to Mr. Linder) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

ROBERT M. LINDER,

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Petitioner,
v.

DAVID OSBORNE, Warden,
Respondent.

3:10-cv-437
Phillips

JUDGMENT ORDER

In accordance with the accompanying Memorandum, petitioner's motion for summary
judgment is DENIED, the petition for the writ of habeas corpus is DENIED and this action
is DISMISSED. All other pending motions are DENIED as MOOT. 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/ Debra C. Poplin
CLERK OF COURT