Leon v. Parris

Filing 56

ORDER: Before the Court are (1) the petitioner's Rule 60 motion to vacate the Court's prior order dismissing his habeas petition (ECF No. 42 ) and (2) the petitioner's motion to amend and correct the previously filed Rule 60 motion to vacate judgment (ECF No. 43 ), which the Court also construes as an amended motion to vacate. The motion to amend and correct the previously filed Rule 60 motion is GRANTED. However, for the reasons set forth in the accompanying Memorandum Opi nion, the original motion to vacate (ECF No. 42 ) and the amended motion to vacate (ECF No. 43 ) are DENIED. Because no reasonable jurist would conclude that the petitioner's arguments have merit, the Court DENIES a certificate of appealab ility. Rule 11, Rules Gov'g § 2254 Cases. The Clerk is DIRECTED to ensure that the Sixth Circuit receives notice of this order. It is so ORDERED. Signed by Chief Judge Kevin H. Sharp on 11/16/2015. (xc:Pro se party by regular and certified mail & 6CCA by e-mail.)(hb)

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

DAVID ENRIQUE LEON,
Petitioner,
v.
MIKE PARRIS, Warden,
Respondent.

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No. 3:15-cv-0094
Chief Judge Sharp

ORDER
Before the Court are (1) the petitioner’s Rule 60 motion to vacate the Court’s prior order
dismissing his habeas petition (ECF No. 42) and (2) the petitioner’s motion to amend and correct the
previously filed Rule 60 motion to vacate judgment (ECF No. 43), which the Court also construes as an
amended motion to vacate. The motion to amend and correct the previously filed Rule 60 motion is
GRANTED. However, for the reasons set forth in the accompanying Memorandum Opinion, the original
motion to vacate (ECF No. 42) and the amended motion to vacate (ECF No. 43) are DENIED.
Because no reasonable jurist would conclude that the petitioner’s arguments have merit, the
Court DENIES a certificate of appealability. Rule 11, Rules Gov’g § 2254 Cases.
The Clerk is DIRECTED to ensure that the Sixth Circuit receives notice of this order.
It is so ORDERED.

KEVIN H. SHARP
Chief Judge
United States District Court