Johnny Greene v. Tennessee Department of Corrections

OPINION

SILER, Circuit Judge.

Petitioner Johnny Greene, a Tennessee state prisoner, filed a motion with this court seeking the right to appeal, notwithstanding the district court’s denial of a certificate of appealability (“COA”), the lower courts’s summary judgment for respondent, the Tennessee Department of Corrections (“TDC”), on his petition for a writ of habeas corpus filed under 28 U.S.C. § 2241. 1 TDC did not respond to his motion, and it was granted, TDC then filed a motion to reconsider, alleging that 28 U.S.C. § 2253 2 and Rule 22, Federal Rules of Appellate Procedure, require that…