Proudlove v. Morrow et al, No. 3:2010cv00259 - Document 5 (E.D. Tenn. 2010)

Court Description: MEMORANDUM AND OPINION as set forth in following order.Signed by District Judge R Leon Jordan on 6/15/10. (ABF) Modified on 6/15/2010 to indicate copy mailed to Petitioner (ABF). (Main Document 5 replaced on 6/15/2010) (ABF, ).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE JASON PROUDLOVE, Petitioner, v. 3:10-cv-259 JIM MORROW, Warden, Respondent. MEMORANDUM This is a petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which petitioner challenges his 1998 Sevier County, Tennessee, convictions for rape of a child and aggravated sexual battery. Petitioner filed a prior petition challenging the same convictions, which petition was dismissed as untimely. Jason Proudlove v. James Dukes, Warden, Civil Action No. 3:02-cv-36 (E.D. Tenn. February 15, 2002) (order dismissing case as untimely). Petitioner cannot file a second or successive § 2254 petition in a district court until he has moved in the United States Court of Appeals for the Sixth Circuit for an order authorizing the district court to consider the petition. 28 U.S.C. § 2244(b). This court has not received an order from the Sixth Circuit authorizing the court to consider the pending petition. Accordingly, this action will be DISMISSED as untimely and as a second or successive habeas corpus petition. A certificate of appealability SHALL NOT ISSUE in this action. 28 U.S.C. § 2253(c). The court will CERTIFY that any appeal from this action would not be taken in good faith and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure. AN APPROPRIATE ORDER WILL ENTER. s/ Leon Jordan United States District Judge 2

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