Case Information
*1 IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION CHRISTOPHER FERRELL, ) ) Petitioner, ) ) v. ) Case No. 3:21-cv-00402 ) Judge Aleta A. Trauger BRIAN ELLER, Warden, ) ) Respondent. ) ORDER
For the reasons set forth in the accompanying Memorandum, the respondent’s and the petitioner’s Objections (Doc. Nos. 28, 36) to the Magistrate Judge’s Report and Recommendation (“R&R”), are OVERRULED . The R&R (Doc. No. 27) is ACCEPTED in its entirety. Petitioner Christopher Ferrell’s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. No. 1) is DENIED , and this case is DISMISSED WITH PREJUDICE .
Pursuant to Rule 11 of the Rules Governing § 2254 Proceedings, the court must either issue or deny a certificate of appealability (“COA”) “when it enters a final order adverse to the applicant.” See also 28 U.S.C. § 2253(a). Because the movant has not made a substantial showing of the denial of a constitutional right, the court DENIES a COA. Id. § 2253(c)(2). The movant may, however, seek a COA directly from the Sixth Circuit Court of Appeals. Id. § 2253(c)(1); Fed. R. App. P. 22(b)(1).
The Clerk shall enter judgment in accordance with Federal Rules of Civil Procedure 58. It is so ORDERED .
ALETA A. TRAUGER United States District Judge
Case 3:21-cv-00402 Document 40 Filed 05/19/25 Page 1 of 1 PageID #: 3455