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Johnson v. Tennessee Department of Correction

Court of Appeals of Tennessee, Knoxville

August 8, 2017

MARCUS JOHNSON
v.
TENNESSEE DEPARTMENT OF CORRECTION, ET AL.

          Assigned on Briefs Date: July 3, 2017

         Appeal from the Chancery Court for Bledsoe County No. 3284 Jeffrey F. Stewart, Chancellor

         An inmate in the custody of the Tennessee Department of Correction filed a petition for writ of certiorari challenging the revocation of his parole. Because the inmate failed to file his petition within the sixty-day period required by statute, the chancery court lacked jurisdiction. We, therefore, affirm the chancery court's judgment dismissing the case.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed

          Marcus Terrell Johnson, Pikeville, Tennessee, Pro Se.

          Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Eric Andrew Fuller, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Correction.

          Andy D. Bennett, J., delivered the opinion of the Court, in which Charles D. Susano, Jr., and Kenny W. Armstrong, JJ., joined.

          OPINION

          ANDY D. BENNETT, JUDGE

         Factual and Procedural Background

         Marcus Johnson is an inmate in the custody of the Tennessee Department of Correction ("TDOC" or "the Department"). On October 15, 2015, he filed a petition for common law writ of certiorari challenging the Board of Parole's revocation of his parole. Mr. Johnson's petition includes the following allegations:

On or about April 30th, 2015, the petitioner was illegally imprisoned. He was arrested in Anderson County, Tennessee without any Miranda Rights being read nor was he given any reason for his detainment or any warrant allowing his arrest. The petitioner was transported to the Knox County Jail and was held at their facility with no cause until T.D.O.C. came and transfered him to their jurisdiction on May 16th, 2015.
Upon arrival to the Bledsoe County Correctional Complex the petitioner again inquired about his detainment and no C/O [correctional officer] could find anything on the petitioner on his detainment.
The petitioner [immediately] filed a [grievance] on the matter which was determined to be lost and or destroyed. The petitioner again filed [another grievance] on the situation which ended with denials from all parties. . . . .
A week from the call of the petitioner['s] sister a one Mrs. Angela Johnson caused the parole officer a Ms. Lisa Ownby to finally send a notice of ...

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