Hutton v. Mitchell
| 1:2005cv02391 |
| October 11, 2005 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Christopher A. Boyko |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
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The following documents for this case are available for you to view or download:
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Filing
84
Memorandum of Opinion and Order. Petitioner's Motion for Relief from Judgment Pursuant To Rule 60(b)(6) of the Federal Rules of Civil Procedure (Related doc # 81 ) is denied as an attempt to file a second and successive petition and the Court will transfer the motion to the Sixth Circuit for a determination of whether it meets the requirements of 28 U.S.C. § 2244(b). Judge Christopher A. Boyko on 6/23/2016. (H,CM)
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Filing
67
Memorandum of Opinion. Petitioner Percy Hutton's Amended Petition for Writ of Habeas Corpus (Related doc # 60 ) is denied. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could be taken i n good faith as to the sub-claims specified above asserted under ground for relief 3, and grounds for relief 5, 6, and 7, and the Court issues a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b) as to those claims only. As to all remaining claims, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). Judge Christopher A. Boyko on 6/7/2013. (H,CM)
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Filing
46
Order granting in part and denying in part Petitioner's Third Motion for Discovery. Specifically, the Court grants Hutton's motion to obtain records and reports from the Cleveland Police Department SUI. Additionally, the Court gran ts Hutton's request to obtain ODR and Cleveland Police Department Files pertaining to Simmons's parole hearings and past criminal convictions. Finally, the Court also permits Hutton to obtain the St. Luke's Hospital medical records regarding Simmons's gunshot wound treatment. All other discovery requests fail to set forth "good cause" and are therefore denied. (Related Doc # 43 ). Judge Christopher A. Boyko on 08/04/09.(M,M)
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Filing
39
Order granting in part and denying in part Petitioner's Motion for Discovery. Specifically, the Court grants Hutton's motion to obtain BCI records and reports pertaining to his trial. The Court also permits Hutton to depose trial counsel, Merlin Hill. All other discovery requests fail to set forth "good cause" and are therefore denied,(Related Doc # 36 ). Judge Christopher A. Boyko on 09/16/08.(M,M)
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