Cummins v. Phillips

Filing 52

ORDER: The motion to amend the petition (Doc. No. 35 ) is DENIED.This matter is now fully briefed. The Court will issue a decision as soon as practicable. Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/31/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION CHRISTOPHER A. CUMMINS, Petitioner, v. SHAUN PHILLIPS, Warden Defendant. ) ) ) ) ) ) ) ) ) NO. 1:16-cv-00023 JUDGE CRENSHAW ORDER As explained in the accompanying Memorandum Opinion, the Court finds that the prosecutorial misconduct claim alleged in the amended petition is procedurally defaulted, as such amendment would be futile. Accordingly, the motion to amend the petition (Doc. No. 35) is DENIED. This matter is now fully briefed. The Court will issue a decision as soon as practicable. IT IS SO ORDERED. ____________________________________ WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE 1

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