Lowe v. Westbrook

Filing 57

JUDGMENT ORDER, entered by the Clerk, denying the petition for the writ of habeas corpus as a second or successive petition and this action is DISMISSED WITH PREJUDICE. All pending motions are DENIED as MOOT. Should the petitioner g ive 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 thus DENIES the petitioner leave to proceed in forma pauperis on appeal. Signed by District Judge Thomas W Phillips on November 10, 2011. (emailed to petitioner's counsel) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

ASATA D. LOWE,
Petitioner,
v.

No.:

3:11-cv-529
(PHILLIPS/SHIRLEY)

BRUCE WESTBROOK, Warden,
Respondent.

JUDGMENT ORDER

In accordance with the accompanying Memorandum, the petition for the writ of
habeas corpus is DENIED as a second or successive petition and this action is DISMISSED
WITH PREJUDICE. All 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 thus 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