Kimbrough v. Colson

Filing 23

ORDER: The pet brings this pro se action seeking federal habeas corpus relief under 28 U.S.C. § 2254. As provided in the memorandum entered contemporaneously herewith, the petition is DENIED, and this action is DISMISSED with prejudice. Should the pet file a timely notice of appeal from this order, such notice shall be docketed as both a notice of appeal and an application for a certificate of appealability, which will NOT issue. Entry of this order shall constitute the judgment in this action. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 11/5/09. (reg & cert mail to pet) (tmw)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JAMES WAYNE KIMBROUGH, Petitioner, v. ROLAND COLSON, WARDEN, Respondent. ) ) ) ) ) ) ) ) ) ORDER The petitioner brings this pro se action seeking federal habeas corpus relief under 28 U.S.C. § 2254. As provided in the memorandum entered contemporaneously herewith, the petition is DENIED, and this action is DISMISSED with prejudice. Rule 8, Rules ­ Section 2254 Cases. Should the petitioner file a timely notice of appeal from this order, such notice shall be docketed as both a notice of appeal and an application for a certificate of appealability, 28 U.S.C. § 2253(c); Rule 22(b), Fed. R. App. P.; see Slack v. McDaniel, 529 U.S. 473, 483 (2000), which will NOT issue, Castro v. United States of America, 310 F.3d 900, 901 (6th Cir. 2002)(citing Lyons v. Ohio Adult Parole Auth., 105 F.3d 1063, 1072 (6th Cir. 1997) and Murphy v. Ohio, 263 F.3d 466, 467 (6th Cir. 2001)). Entry of this order shall constitute the judgment in this action. It is so ORDERED.

No. 3:09-0678 Judge Trauger

Aleta A. Trauger United States District Judge