Fuller v. State of Tennessee et al, No. 3:2009cv00394 - Document 18 (M.D. Tenn. 2009)

Court Description: ORDER: Petitioner's Objection to the Report and Recommendation 17 is hereby OVERRULED. The R&R entered on 7/20/2009 15 is hereby ACCEPTED. Respondents' Motion to Dismiss 9 is hereby GRANTED. Petitioner's Motion for Appointment of Counsel 4 is hereby DENIED AS MOOT. This case is hereby DISMISSED WITHOUT PREJUDICE for failure to exhaust state remedies. Entry of this Order on the docket shall constitute entry of final Judgment in accordance with Federal Rules of Civil Proced ure 58 and 79(a). Because Petitioner cannot demonstrate that jurists of reason would find it debatable whether the Court was correct in its rulings, a Certificate of Appealability will not issue. Signed by Senior Judge Robert Echols on 8/29/09. (dt) (Additional attachment(s) added on 9/3/2009: # 1 Certified Mail Reciept) (dt).