Hakoda v. Mills

Filing 29

ORDER: In accordance with the Memorandum contemporaneously entered, the Court finds no merit in the petitioners application 1 for writ of habeas corpus. Accordingly, petitioner's application is DENIED and this action is hereby DISMISSED. Signed by Chief Judge Todd J. Campbell on 4/9/12. (xc:Pro se party by regular and certified mail.)(dt)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION MATTHEW R. HAKODA Petitioner, ] ] ] ] ] ] ] v. DAVID MILLS, WARDEN Respondent. No. 3:11-0937 Judge Campbell O R D E R In accordance with the Memorandum contemporaneously entered, the Court finds no merit in the petitioner’s application (Docket Entry No.1) for writ of habeas corpus. Accordingly, petitioner’s application 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); Rule 22(b), Fed.R.App.P., which will ISSUE on the sole claim that counsel was ineffective for failing to challenge the enhancement of petitioner’s sentence as a Blakely violation. It is so ORDERED. ____________________________ Todd Campbell United States District Judge

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