IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE GREGORY ALLEN CATHEY v. STATE OF TENNESSEE Circuit Court for Rutherford County No. 56674

No. M2009-01123-CCA-R3-PC - Filed November 4, 2009

ORDER DENYING PETITION FOR REHEARING

The Petitioner has filed a petition asking this court to reconsider our previous opinion in which we concluded that the trial court did not err by dismissing his petition for post-conviction relief as time-barred.

In our view, the Petitioner has not stated sufficient grounds establishing that due process should toll the application of the one-year statute of limitations.

The petition for rehearing is denied.

Per Curiam (Welles, Smith, Wedemeyer)