Oliver v. Settles

Filing 31

JUDGMENT ORDER, this pro se prisoner's petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 is DENIED, and this action is DISMISSED. A certificate of appealability SHALL NOT issue. Because the Court ha s CERTIFIED in the memorandum opinion that any appeal from this order would not be taken in good faith, should Petitioner file a notice of appeal, he is DENIED leave to appeal in forma pauperis. Signed by District Judge Thomas A. Varlan on 11/5/20. (c/m)(ADA)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE DAVID OLIVER, ) ) ) ) ) ) ) ) ) Petitioner, v. DARREN SETTLES, Respondent. No.: 3:18-CV-33-TAV-HBG JUDGMENT ORDER In accordance with the accompanying memorandum opinion, the Clerk is DIRECTED seal the docket entry containing the transcript of Petitioner’s post-conviction hearing [Doc. 14-14], this pro se prisoner’s petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 is DENIED, and this action is DISMISSED. A certificate of appealability SHALL NOT issue. Because the Court has CERTIFIED in the memorandum opinion that any appeal from this order would not be taken in good faith, should Petitioner file a notice of appeal, he is DENIED leave to appeal in forma pauperis. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24. The Clerk is DIRECTED to close the file. ENTER: s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE ENTERED AS A JUDGMENT s/ John L. Medearis CLERK OF COURT

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