Gardner v. Sexton

Filing 20

ORDER DISMISSING CASE: The court finds that Gardner is not entitled to relief on the basis of the grounds articulated in his petition. Accordingly, his petition (ECF No. 1, superseded by the signed petition at ECF No. 8) is hereby DENIED and this matter is DISMISSED. Signed by District Judge Aleta A. Trauger on 8/5/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

QUINCY DEANGELO GARDNER,
Petitioner,
v.
DAVID SEXTON, Warden,
Respondent.

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Case No. 3:14-cv-0848
Judge Trauger

ORDER
Petitioner Quincy Deangelo Gardner, a prisoner in state custody at the Morgan County
Correctional Complex in Wartburg, Tennessee, has filed a pro se petition for the writ of habeas corpus
under 28 U.S.C. § 2254, challenging a conviction and sentence issued by the Davidson County Criminal
Court in 2007.
As explained in the accompanying Memorandum Opinion, the court finds that Gardner is not
entitled to relief on the basis of the grounds articulated in his petition. Accordingly, his petition (ECF No. 1,
superseded by the signed petition at ECF No. 8) is hereby DENIED and this matter is DISMISSED.
As also discussed in the accompanying Memorandum Opinion, the court finds that none of the
issues raised in the habeas petition are “adequate to deserve encouragement to proceed further.” MillerEl v. Cockrell, 537 U.S. 322, 327 (2003). The court therefore DENIES a certificate of appealability
(“COA”). The movant may, however, seek a COA directly from the Sixth Circuit Court of Appeals. Fed. R.
App. P. 22(b)(1).
It is so ORDERED.
This is a final order for purposes of Fed. R. Civ. P. 58.

Aleta A. Trauger
United States District Judge