Frazier v. Bobby

Frazier v. Bobby

Petitioner:	James Frazier
Respondent:	David Bobby
Case Number:	3:2009cv01208
Filed:	May 27, 2009
Court:	US District Court for the Northern District of Ohio
Office:	Toledo Office
County:	Lucas
Presiding Judge:	Patricia A. Gaughan
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2254 Ptn for Writ of H/C - Stay of Execution
Jury Demanded By:	None

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Date Filed	Document Text
October 25, 2011	Filing 33 Memorandum Opinion and Order: This matter is before the Court upon Petitioner James Frazier's ("Frazier" or "Petitioner") Petition for Writ of Habeas Corpus and Request for Oral Argument. For the foregoing reasons, the Petition is denied. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could be taken in good faith as to claims for relief 1and 2, and subclaims 1, 2 and 3 (as to Miranda rights only) to claim for reli ef 5, 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 Patricia A. Gaughan on 10/24/11. (LC,S)

Date Filed

Document Text

October 25, 2011

Filing 33 Memorandum Opinion and Order: This matter is before the Court upon Petitioner James Frazier's ("Frazier" or "Petitioner") Petition for Writ of Habeas Corpus and Request for Oral Argument. For the foregoing reasons, the Petition is denied. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could be taken in good faith as to claims for relief 1and 2, and subclaims 1, 2 and 3 (as to Miranda rights only) to claim for reli ef 5, 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 Patricia A. Gaughan on 10/24/11. (LC,S)

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Petitioner: James Frazier
Represented By:	Kathryn L. Sandford
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Respondent: David Bobby
Represented By:	Richard Cordray
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