Subsequently, Bush examined a photographic line-up containing a picture of the petitioner and identified the [P]etitioner as his assailant.James P. Stout v. State, No. W2000-01743-CCA-R3-PC, 2002 WL 1482671, at *1 (Tenn. Crim. App., at Jackson, Feb. 7, 2002), (footnotes omitted), no Tenn. R. App. P. application filed. The Petitioner filed his first petition for habeas corpus relief pro se on January 14, 2008.