Zirkle v. Donahue

Filing 8

MEMORANDUM with order to follow.Signed by District Judge Curtis L Collier on 8/7/2013. (AWH, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

DAVID ZIRKLE,
Petitioner,
v.

MICHAEL DONAHUE, Warden,
Respondent.

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Case No. 3:13-cv-412
Judge Curtis L. Collier

MEMORANDUM

This pro se petition for the writ of habeas corpus under 28 U.S.C. § 2254 was filed
in forma pauperis in the United States District Court for the Western District of Tennessee,
Eastern Division, and transferred to this Court. Petitioner challenges his convictions, from
the early 1990's, for first degree murder and especially aggravated robbery in the Criminal
Court for Sevier County, Tennessee. Petitioner previously filed habeas petitions in this
Court, each of which was dismissed as untimely. See David Zirkle v. Joe Easterling,
Warden, Civil Action No. 3:12-cv-269 (E.D. Tenn. July 12, 2012) (order dismissing habeas
petition as untimely); David Zirkle v. Howard Carlton, Warden, Civil Action No. 3:03-cv308 (E.D. Tenn. June 12, 2003) (order dismissing habeas petition as untimely).
For the reasons set forth in the Court's prior orders, the current habeas petition will
likewise be DISMISSED as untimely. Rule 4 of the Rules Governing Section 2254 Cases
In The United States District Courts. A certificate of appealability SHALL NOT ISSUE.
28 U.S.C. § 2253(c); Rule 22(b) of the Federal Rules of Appellate Procedure. The Court will

CERTIFY that any appeal from this action would not be taken in good faith and would be
totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure. The Court will
further DENY petitioner leave to proceed in forma pauperis on appeal.

AN APPROPRIATE ORDER WILL ENTER.

/s/
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE

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