Johnson v. Lee

Filing 23

JUDGMENT ORDER, entered by the Clerk: Petitioner Willie Douglas Johnson's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc. 1] is DENIED, and this action is DISMISSED WITH PREJUDICE. Additionally, the Court has reviewed this case pursuant to Rule 24 of the Federal Rules of Appellate Procedure and hereby CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, any application by Petiti oner for leave to proceed in forma pauperis on appeal is DENIED. The Clerk of Court SHALL close the record in this civil case at No. 3:15-cv-437. Signed by Chief District Judge Thomas A Varlan on March 28, 2019. (copy mailed to Willie Douglas Johnson 221394, NECX, 5249 Highway 67 West, P.O. Box 5000, Mountain City, TN 37683-5000) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
WILLIE DOUGLAS JOHNSON,
Petitioner,
v.
RANDY LEE, Warden,
Respondent.

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No.:

3:15-cv-437-TAV-DCP

JUDGMENT ORDER
For the reasons expressed in the memorandum opinion filed herewith, it hereby is
ORDERED and ADJUDGED that Petitioner Willie Douglas Johnson’s petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc. 1] is DENIED, and this action is
DISMISSED WITH PREJUDICE.
Should Petitioner give timely notice of an appeal from this Order, such notice will
be treated as an application for a certificate of appealability, which is hereby DENIED
since he has failed to make a substantial showing of the denial of a constitutional right or
to present a question of some substance about which reasonable jurists could differ. See 28
U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Additionally, the Court has reviewed this case pursuant to Rule 24 of the Federal Rules of
Appellate Procedure and hereby CERTIFIES that any appeal from this action would not
be taken in good faith and would be totally frivolous. Therefore, any application by
Petitioner for leave to proceed in forma pauperis on appeal is DENIED. See Fed. R. App.
P. 24.

The Clerk of Court SHALL close the record in this civil case at No. 3:15-cv-437.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
s/ John L. Medearis
CLERK OF COURT

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