Harris v. State of Tennessee et al

Filing 18

ORDER: As provided in the memorandum entered contemporaneously herewith, the petition is DENIED, and this action is DISMISSED with prejudice. The petitioner's motion for appointment of counsel 5 is DENIED. Should the petitioner file a timely n otice 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. Signed by Chief Judge Todd J. Campbell on 5/25/12. (dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LEONARD HARRIS,
Petitioner,
v.
STATE OF TENNESSEE and
J.R. MILLER, Warden,
Respondents.

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No. 3:11-cv-01202
Judge Campbell

ORDER
The petitioner brings this pro se action seeking federal habeas corpus relief under 28 U.S.C.
§ 2254. (Docket No. 1). 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. The petitioner’s motion for appointment of counsel (Docket No. 5) is DENIED.
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.

Todd J. Campbell
United States District Judge