Lewis v. Mills

Filing 32

ORDER: In accordance with the Memorandum contemporaneously entered, the Court finds merit in the respondent's Motion to Dismiss. Accordingly, respondent's motion is GRANTED and this action is hereby DISMISSED. Signed by District Judge Aleta A. Trauger on 2/9/12. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION

JOHNNY LEE LEWIS
Petitioner,

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v.
DAVID MILLS, WARDEN
Respondent.

No. 2:11-0049
Judge Trauger

O R D E R
The Court has before it a pro se § 2254 petition (Docket Entry
No.1) for writ of habeas corpus, respondent’s Motion to Dismiss
(Docket

Entry

No.21)

the

petition,

and

petitioner’s

Traverse

(Docket Entry No.30) to the Motion to Dismiss.
In accordance with the Memorandum contemporaneously entered,
the Court finds merit in the respondent’s Motion to Dismiss.
Accordingly, respondent’s motion is GRANTED and this action is
hereby DISMISSED. Rule 8(a), Rules -- § 2254 Cases.
Should the petitioner file a timely notice of appeal from this
order, such notice shall be treated as an application for a
certificate of appealability, 28 U.S.C. § 2253(c); Rule 22(b),
Fed.R.App.P.
Any notice of appeal filed in this action shall be accompanied
by a memorandum identifying specific issues for appellate review
and addressing the question of why a certificate of appealability

should issue. Slack v. McDaniel, 529 U.S. 473 (2000).
It is so ORDERED.

____________________________
Aleta A. Trauger
United States District Judge