United States District Court, Middle District of Tennessee, Nashville Division
March 18, 2015
ANTONIO JOHNSON, Petitioner,
BRUCE WESTBROOKS, Warden, Respondent.
ALETA A. TRAUGER United States District Judge
Petitioner Antonio Johnson, a state prisoner incarcerated at the Lois M. DeBerry Special Needs Facility in Nashville, Tennessee, filed a pro se petition under 28 U.S.C. § 2254 challenging a conviction and sentence issued by the Criminal Court of Montgomery County, Tennessee in 2010. Also pending are his motion to file a reply brief (ECF No. 30) and motion for the appointment of counsel (ECF No. 31)
The motion for leave to file a reply brief (ECF No. 30) is GRANTED, and the court has considered the reply in reaching its ruling. For the reasons explained in the accompanying Memorandum Opinion, the petition is DENIED and this matter is DISMISSED WITH PREJUDICE. The petitioner’s motion for appointment of counsel (ECF No. 31) is DENIED AS MOOT.
Because the petitioner has not made a “substantial showing of the denial of a constitutional right, ” 28 U.S.C. § 2253(c)(2), the Court DENIES a certificate of appealability (“COA”). The petitioner may, however, seek a COA directly from the Sixth Circuit Court of Appeals. Fed. R. App. P. 22(b)(1).
It is so ORDERED.
This is the final order in this action for purposes of Fed.R.Civ.P. 58.