Knight v. State of Tennessee, No. 3:2011cv00649 - Document 15 (M.D. Tenn. 2011)
Court Description: ORDER: In accordance with the Memorandum contemporaneously entered, the Court finds merit in the respondent's Motion to Dismiss 12 . Therefore, said Motion is GRANTED and this action is hereby DISMISSED as untimely. Rule 8(a), Rules -- § 2254 Cases. Entry of this order shall constitute the final judgment in this action. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 9/20/11. (xc:Pro se party by regular and certified mail.)(tmw)
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Knight v. State of Tennessee Doc. 15 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DONALD R. KNIGHT, JR. Petitioner, v. STATE OF TENNESSEE Respondent. ] ] ] ] ] ] ] No. 3:11-0649 Judge Sharp O R D E R In accordance with the Memorandum contemporaneously entered, the Court finds merit in the respondent’s Motion to Dismiss (Docket Entry No.12). Therefore, said Motion is GRANTED and this action is hereby DISMISSED as untimely. Rule 8(a), Rules -- § 2254 Cases. Should the petitioner file a timely notice of appeal from this order, such notice shall be treated as an application for a certificate of appealability, 28 U.S.C. § 2253(c), which will NOT issue because the petitioner has been unable to make a substantial showing of the denial of a constitutional right. Entry of this order shall constitute the final judgment in this action. It is so ORDERED. ____________________________ Kevin H. Sharp United States District Judge Dockets.Justia.com
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