Sullivan v. Perry

Filing 23

ORDER DISMISSING CASE: For the reasons explained more fully in the memorandum entered contemporaneously herewith, the respondent's motion to dismiss (Docket No. 20 ) is hereby GRANTED for failure to exhaust state court remedies. Accordingly, the petition is DENIED, and this action is hereby DISMISSED WITHOUT PREJUDICE to refile, if desired, once the petitioner has exhausted his state court remedies. Signed by Chief Judge Kevin H. Sharp on 1/3/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JAMES C. SULLIVAN,
No. 454328,

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Petitioner,
v.
GRADY PERRY,
Respondent.

No. 3:16-cv-02864
Chief Judge Sharp

ORDER
James C. Sullivan, an inmate of the Hardeman County Correctional Facility in Whiteville,
Tennessee, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254,
challenging the legality of his confinement under a May 11, 2010 judgment entered against him by
the Williamson County Criminal Court in Williamson County, Tennessee, for aggravated assault
with a deadly weapon, vandalism, retaliation for past action, and reckless endangerment.1 (Docket
No. 21 at p. 1).
Presently pending before the court is the respondent’s motion to dismiss Sullivan’s petition
for writ of habeas corpus. (Docket No. 20).
For the reasons explained more fully in the memorandum entered contemporaneously
herewith, the respondent’s motion to dismiss (Docket No. 20) is hereby GRANTED for failure to
exhaust state court remedies. Accordingly, the petition is DENIED, and this action is hereby
DISMISSED WITHOUT PREJUDICE to refile, if desired, once the petitioner has exhausted his
state court remedies.

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The petitioner already was serving a five-year sentence at the time of this 2010 conviction, which is not the
subject of the instant petition. (Docket No. 21 at p. 1 n.1).

It is so ORDERED.

Kevin H. Sharp
Chief United States District Judge