Wade v. Pounds, 1:23-cv-01220

Johnny Lorenzo Wade, an inmate in Tennessee, filed a pro se federal habeas petition under 28 U.S.C. § 2254, challenging his convictions for several violent felonies.
Wade alleged ineffective assistance of trial counsel for multiple failures (e.g., witness impeachment, subpoenaing witnesses, failing to call an alibi witness, and not hiring an investigator).
He further claimed ineffective assistance by his post-conviction counsel for not subpoenaing witnesses at a state post-conviction hearing.
Upon preliminary review, the court found the petition lacked adequate factual support and did not follow required form procedures.
The court ordered Wade to submit an amended petition within 28 days, warning of dismissal for failure to prosecute if he did not comply.
Wade failed to respond or file an amended petition, leading to dismissal of his petition without prejudice for failure to prosecute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Dismissal for failure to prosecute	Not addressed	Not addressed	Petition dismissed without prejudice for failure to prosecute
Ineffective assistance by trial counsel	Identified various failures	Not addressed	Not addressed (procedural dismissal, not merits-based)
Ineffective assistance by post-conviction	Counsel did not subpoena	Not addressed	Not addressed (procedural dismissal, not merits-based)
Certificate of Appealability	Implied right to appeal	Not addressed	Denied; appeal would be futile
In forma pauperis on appeal	Implied right to proceed	Not addressed	Denied; appeal would not be taken in good faith

Miller-El v. Cockrell, 537 U.S. 322 (2003) (explaining standard for issuing a certificate of appealability under § 2254)
Bradley v. Birkett, 156 F. App’x 771 (6th Cir. 2005) (COA required for appeal, not issued as a matter of course)