Webb v. United States of America

Filing 51

ORDER denying 47 Motion to Partially Reconsider Denial of Certificate of Appealability. Signed by District Judge Aleta A. Trauger on 4/1/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

JOE EDWARD WEBB
Petitioner,
v.
UNITED STATES OF AMERICA
Respondent.

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No. 3:12-0398
Judge Trauger

ORDER

On March 6, 2014, an order (Docket Entry No. 45) was entered dismissing the instant § 2255
habeas corpus action as untimely. In the order, the Court determined that a certificate of
appealability should not issue.
Since the entry of this order, the petitioner has filed a “Motion to Partially Reconsider Denial
of Certificate of Appealability” (Docket Entry No. 47), to which the government has submitted a
Response (Docket Entry No. 49).
When a district court has denied a habeas corpus petition on procedural grounds without
reaching the petitioner’s underlying constitutional claims, a certificate of appealability will issue
only if the petitioner can show (1) that jurists of reason would find it debatable whether the petition
states a valid claim of the denial of a constitutional right and (2) that jurists of reason would find it
debatable whether the procedural ruling was correct. Slack v. McDaniel, 529 U.S. 473, 484 (2000).
In this case, the petition was clearly filed well beyond the expiration of the one year
limitation period applicable to § 2255 habeas corpus actions. The petitioner failed to establish that
a tolling of the limitation period would be appropriate in this instance. Therefore, reasonable jurists

would not find the untimeliness of this action debatable.
Accordingly, petitioner’s “Motion to Partially Reconsider Denial of Certificate of
Appealability” is hereby DENIED.
It is so ORDERED.

_____________________________
Aleta A. Trauger
United States District Judge