Todd v. State of Tennessee

Filing 28

ORDER: In accordance with the Memorandum contemporaneously entered, the Court finds merit in the respondents Motion to Dismiss (Docket Entry No.23). Therefore, said Motion is GRANTED and this action is hereby DISMISSED as untimely. Rule 8(a), Rules - - - § 2254 Cases. The dismissal of this action has rendered MOOT the petitioners Motion for Leave to Amend (Docket Entry No.26). Accordingly, the Motion is DENIED for that reason. Should the petitioner file a timely notice of appeal from this o rder, such notice shall be treated as an application for a certificate of appealability, 28 U.S.C. § 2253(c), which will NOT issue because the petitioner is unable to make a substantial showing of the denial of a constitutional right. It is so ORDERED.. Signed by District Judge Aleta A. Trauger on 8/20/12. (xc:Pro se party by regular and certified mail.)(afs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

DAVID B. TODD, III
Petitioner,

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v.
STATE OF TENNESSEE
Respondent.

No. 3:12-0482
Judge Trauger

O R D E R
In accordance with the Memorandum contemporaneously entered,
the Court finds merit in the respondent’s Motion to Dismiss (Docket
Entry No.23). Therefore, said Motion is GRANTED and this action is
hereby DISMISSED as untimely. Rule 8(a), Rules - - - § 2254 Cases.
The

dismissal

of

this

action

has

rendered

MOOT

the

petitioner’s Motion for Leave to Amend (Docket Entry No.26).
Accordingly, the Motion is DENIED for that reason.
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), which will NOT
issue because the petitioner is unable to make a substantial
showing of the denial of a constitutional right.
It is so ORDERED.

______________________________
Aleta A. Trauger
United States District Judge