Scribner v. Donahue et al

Filing 108

ORDER:For the reasons set forth in the accompanying memorandum, the Petition and Second Amended Petitions are hereby DENIED, and this action is DISMISSED with prejudice. Signed by District Judge Aleta A. Trauger on 5/18/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ROBERT DEE SCRIBNER, II,
Petitioner,
v.

MICHAEL DONAHUE, Warden,
Respondent.

)
)
)
)
)
)
)
)
)
)

No. 3:13-cv-01423
Judge Trauger

ORDER
Petitioner Robert Dee Scribner, II filed this action seeking the writ of habeas corpus under
28 U.S.C. § 2254. (Docket Entry No. 1). The petitioner’s appointed counsel also filed a Second
Amended Petition with a declaration that attached documents. (Docket Entry Nos. 73, 79). The
respondent has filed an Answer (Docket Entry No. 27) to the pro se petition, a copy of the state court
record (Docket Entry No. 31), and a Motion to Dismiss (Docket Entry No. 84) the Second Amended
Petition, and the petitioner has filed a response to the Motion to Dismiss (Docket Entry No. 88). The
respondent and the petitioner have also filed proposed findings of fact and conclusions of law.
(Docket Entry Nos. 104, 105).
For the reasons set forth in the accompanying memorandum, the Petition and Second
Amended Petitions are hereby DENIED, and this action is DISMISSED with prejudice. Because,
as explained in the memorandum, the petitioner has not made “a substantial showing of the denial
of a constitutional right,” 28 U.S.C. § 2253(c)(2), the court DENIES a Certificate of Appealability
(“COA”) in this action. The petitioner may, however, seek a COA directly from the Sixth Circuit
Court of Appeals. Rule 11(a), Rules Gov’g § 2254 Cases.
The entry of this Order shall constitute the judgment in this action.

It is so ORDERED.

____________________________________
Aleta A. Trauger
United States District Judge

2