v. Harmon et al

Filing 4

ORDER: For the reasons explained in the accompanying Memorandum Opinion, the petition filed in this case is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction and, alternatively, based on the petitioner's failure to exhaust state-court reme dies. The Court therefore DENIES a COA. This is the final judgment for purposes of Rule 58 of the Federal Rules of Civil Procedure. Signed by District Judge Aleta A. Trauger on 3/18/15. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

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

LOUIS ORLANDO HARMON,

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Petitioner,
v.
JEFF LONG,
Respondent.

Case No. 3:15-cv-0149
Judge Trauger

ORDER
Louis Orlando Harmon, a prisoner in state custody, has filed a petition for the writ of habeas
corpus under 28 U.S.C. § 2241 (ECF No. 1), in which he challenges the failure by the criminal court for
the 21st Judicial District, Tangipahoa Parish, Amite, Louisiana to “move forward under the interstate
compact act which would prevent prolonging & aim closer at resolving matters.” (ECF No. 1, at 1.) The
petitioner paid the $5.00 filing fee, and his petition is before the court for an initial review. Rule 4, Rules
Gov’g § 2254 Cases.
For the reasons explained in the accompanying Memorandum Opinion, the petition filed in this
case is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction and, alternatively, based on the
petitioner’s failure to exhaust state-court remedies.
Rule 11 of the Rules Governing § 2254 Cases requires that a district court issue or deny a
Certificate of Appealability (“COA”) when it enters a final order. Federal Rule of Appellate Procedure 22
provides that an appeal of the denial of a habeas petition may not proceed unless a COA is issued under
28 U.S.C. § 2253. The petitioner here has not made a substantial showing of the denial of a constitutional
right,” 28 U.S.C. § 2253(c)(2), and his claims do not merit further review. The Court therefore DENIES a
COA.
It is so ORDERED.
This is the final judgment for purposes of Rule 58 of the Federal Rules of Civil Procedure.

Aleta A. Trauger
United States District Judge