Coles v. Smith

Coles v. Smith

Petitioner:	Joseph Coles
Respondent:	Keith Smith
Case Number:	1:2010cv00525
Filed:	March 11, 2010
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
Presiding Judge:	Solomon Oliver
Presiding Judge:	Solomon Oliver
Presiding Judge:	Nancy A. Vecchiarelli
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
February 7, 2013	Filing 18 Order Adopting Report and Recommendation (re 14 ) as to grounds two through six. As to ground one, the court rejects the R&R's recommendation that Cole's Petition be granted with respect to ground one and denies ground one as withou t merit. Accordingly, Cole's Petition is denied, final judgment is entered in favor of Respondent. The court further certifies that pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this decision as to grounds two, three, five and six coul d not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability on these issues. The court grants Petitioner's request that the court issue a certificate of appealability as it relates to grounds one and four and certifies these grounds for appeal. Signed by Judge Solomon Oliver, Jr on 2/7/2013. (D,M)

Date Filed

Document Text

February 7, 2013

Filing 18 Order Adopting Report and Recommendation (re 14 ) as to grounds two through six. As to ground one, the court rejects the R&R's recommendation that Cole's Petition be granted with respect to ground one and denies ground one as withou t merit. Accordingly, Cole's Petition is denied, final judgment is entered in favor of Respondent. The court further certifies that pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this decision as to grounds two, three, five and six coul d not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability on these issues. The court grants Petitioner's request that the court issue a certificate of appealability as it relates to grounds one and four and certifies these grounds for appeal. Signed by Judge Solomon Oliver, Jr on 2/7/2013. (D,M)

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Petitioner: Joseph Coles
Represented By:	Erika B. Cunliffe
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Respondent: Keith Smith
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