Mack v. Bradshaw
| 1:2004cv00829 |
| May 4, 2004 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| 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
170
Memorandum Opinion and Order. For the foregoing reasons, this court denies Mack's Amended Petition for Writ of Habeas Corpus (Doc. 155). The court further certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this decis ion could be taken in good faith as to the fifth and ninth grounds for relief, and the court issues a certificate of appealability pursuant to 28U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b) as to those claims only. As to all re maining claims, the court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), 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). Related document 155 . Signed by Judge Solomon Oliver, Jr. on 9/30/2021. (R,Sh)
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Filing
115
Order denying Respondents Motion to Dismiss (Related Doc # 76 ). Rather, the Court will stay this matter and hold it in abeyance to allow Petitioner to return to state court to pursue his unexhausted claims. Signed by Judge Solomon Oliver, Jr on 11/23/2011. (D,M)
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Filing
114
Order granting Motion to Expand the Record (Related Doc # 81 ); denying Motion to intervene as a party (Related Doc # 82 ); and granting Motion to Quash (Related Doc # 83 ). Signed by Judge Solomon Oliver, Jr on 9/16/2011. (D,M)
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Filing
74
Memorandum Opinion and Order granting (re 63 ) Mack's Motion for Order to Expand the Record Under Rule 7 of the Rules Governing Section 2554 Cases and granting in part and denying in part his Motion (re 65 ) for Evidentiar y Hearing as follows: an evidentiary hearing will be held on Mack's claim of ineffective assistance of counsel concerning failure to conduct a reasonable investigation (d), failure during mitigation to properly investigate (e) and the Brady claim in accordance with the court's discussion. The Motion for Evidentiary hearing is denied as to the remaining requests. The court will hold a telephonic conference with counsel for the parties on 4/12/2010 at 2:00 p.m. to set a date and framework for the evidentiary hearing. Signed by Judge Solomon Oliver, Jr on 3/31/2010. (D,M)
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