Peoples v. Lindamood

Filing 18

ORDER: In accordance with the Memorandum contemporaneously entered, the Court finds that the petitioner's pro se § 2254 habeas petition 1 lacks merit. Therefore, the petition is DENIED and this action is hereby DISMISSED. Should the pe titioner file a timely notice of appeal from this order, such notice shall be treated as an application for a certificate of appealability which shall NOT issue because the petitioner has failed to make a substantial showing of the denial of a constitutional right. Signed by District Judge Aleta A. Trauger on 2/26/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

MICHAEL DESHAY PEOPLES, JR.
Petitioner,
v.
CHERRY LINDAMOOD, WARDEN
Respondent.

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No. 3:12-1179
Judge Trauger

O R D E R
In accordance with the Memorandum contemporaneously entered,
the Court finds that the petitioner’s pro se § 2254 habeas petition
(Docket Entry No.1) lacks merit. Therefore, the petition 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), which shall NOT
issue because the petitioner has failed to make a substantial
showing of the denial of a constitutional right.
It is so ORDERED.

____________________________
Aleta A. Trauger
United States District Judge