Whittsett v. Gansheimer
Dorez Whittsett |
Richard Gansheimer |
1:2008cv00245 |
January 30, 2008 |
US District Court for the Northern District of Ohio |
Cleveland Office |
Cuyahoga |
Solomon Oliver |
David S. Perelman |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
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Document Text |
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Filing 13 Order Adopting Report and Recommendation (re 11 ) of Magistrate Judge Perelman. The court dismisses Whittsette's Petition for a Writ of Habeas Corpus (re 1 ) and enters final judgment in favor of Respondent. The court further certifies that, pursuant to 28 U.S.C. §1915(a)(3), an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. Signed by Judge Solomon Oliver, Jr on 10/22/2008. (D,M) |
Filing 11 Report and Recommended Decision. In light of the procedural default of all ten claims for relief presented in the petition, and petitioner having failed to satisfy his burden of demonstrating cause for the procedural default and actual prejud ice deriving therefrom, these claims for relief are barred from consideration in habeas corpus, and, therefore, this court hereby recommends that they be dismissed. Objections to R&R due by 10/1/2008. Signed by Magistrate Judge David S. Perelman on 9/17/08. (W,Jo) |
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Petitioner: Dorez Whittsett | |
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Respondent: Richard Gansheimer | |
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