Leberry v. John Howerton

Filing 71

ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons explained in the accompanying Memorandum, the Court enters the following rulings: (1) The Report and Recommendation (docket No. 63 ) is hereby ACCEPTED and APPROVED; (2) Petitioner's Ob jections to the Report and Recommendation (Docket No. 68 ) are hereby OVERRULED; (3) Petitioner's 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (Docket No. 1 ) and his Amended Petition for Writ of Habeas Corpus (Docket No. 50 ) ar e hereby DENIED; and (4) A Certificate of Appealability is hereby issued solely on question of whether Petitioner can show cause for the procedural default of his ineffective assistance of trial counsel claims in light of the recent Supreme Court decision in Martinez v. Ryan, 132 S.Ct. 1309 (2012). The Clerk is directed to enter Judgment in a separate document in accordance with Federal Rule of Civil Procedure 58. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 7/23/2012. (hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
RONNELL JASON LEBERRY,
Petitioner,
v.
JOHN HOWERTON,
Respondent.

)
)
)
)
)
)
)
)
)

No. 3:10-00624
Judge Sharp

ORDER
For the reasons explained in the accompanying Memorandum, the Court enters the following
rulings:
(1) The Report and Recommendation (docket No. 63) is hereby ACCEPTED and APPROVED;
(2) Petitioner’s Objections to the Report and Recommendation (Docket No. 68) are hereby
OVERRULED;
(3) Petitioner’s 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (Docket No. 1) and his
Amended Petition for Writ of Habeas Corpus (Docket No. 50) are hereby DENIED; and
(4) A Certificate of Appealability is hereby issued solely on question of whether Petitioner can
show cause for the procedural default of his ineffective assistance of trial counsel claims in light of the
recent Supreme Court decision in Martinez v. Ryan, 132 S.Ct. 1309 (2012).
The Clerk is directed to enter Judgment in a separate document in accordance with Federal Rule
of Civil Procedure 58.
It is so ORDERED.

____________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE