Tucker v. Easterling

Filing 28

ORDER: The amended petition is DENIED and this action is hereby DISMISSED. Entry of this order shall constitute the final judgment in this action. Signed by District Judge Aleta A. Trauger on 2/5/10. (cc: Pet. by reg and cert mail)(km)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

FREDRICK LEON TUCKER Petitioner, v. JOSEPH EASTERLING, WARDEN Respondent.

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No. 3:09-0623 Judge Trauger

ORDER In accordance with the Memorandum contemporaneously entered, the Court finds that the petitioner's habeas corpus petition, as amended (Docket Entry Nos. 1 and 20), has no merit. Therefore, the amended petition is DENIED 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), which will NOT issue because the petitioner has been unable to make a substantial showing of the denial of a constitutional right. Entry of this order shall constitute the final judgment in this action. It is so ORDERED.

____________________________ Aleta A. Trauger United States District Judge