Phillips v. Johnson

Filing 59

ORDER: For the reasons set forth in the accompanying Memorandum, the Report and Recommendation of the Magistrate Judge ( 56 ) is ADOPTED, and Jarrod Phillips' Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus ( 1 ) is DENIED. Beca use Phillips cannot demonstrate that reasonable jurists would find the Court's conclusions on the merits or on the issue procedural default debatable or wrong, a Certificate of Appealability will not issue. The Clerk of the Court will enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/30/17. (xc:Pro se party by regular mail.) (gb)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JARROD PHILLIPS Petitioner, v. DEBRA K. JOHNSON, Warden Respondent. ) ) ) ) ) ) ) ) ) No. 3:15-cv-01039 Chief Judge Crenshaw ORDER For the reasons set forth in the accompanying Memorandum, the Report and Recommendation of the Magistrate Judge (Doc. No. 56) is ADOPTED, and Jarrod Phillips’ Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Doc. No. 1) is DENIED. Because Phillips cannot demonstrate that reasonable jurists would find the Court’s conclusions on the merits or on the issue procedural default debatable or wrong, a Certificate of Appealability will not issue. The Clerk of the Court will enter a final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. IT IS SO ORDERED. __________________________________________ WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE

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