Baumgartner v. Shewalter

Baumgartner v. Shewalter

Petitioner:	Elsebeth Baumgartner
Respondent:	Frank Shewalter
Case Number:	1:2010cv02811
Filed:	December 13, 2010
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	Dan Aaron Polster
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
May 31, 2012	Filing 44 Memorandum Opinion and Order The Report and Recommendation of the Magistrate Judge is hereby adopted. Respondent's Motion to Dismiss (ECF No. 7 ) is granted. Elsebeth Baumgartner's Petition for a Writ of Habeas Corpus will be dis missed. Petitioner's Motion to Convert Petition From 28 U.S.C. § 2254 to 28 U.S.C. § 2241 Due to Lack of Final State Judgment (ECF No. 38 ) is denied. ECF No. 33 is granted. ECF Nos. 31 , 32 , 35 , and 41 are denied. The Co urt 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 Benita Y. Pearson on 5/31/2012. (S,L)
July 19, 2011	Filing 19 Memorandum of Opinion and Order re 18 Objection filed by Elsebeth Baumgartner. The Court overrules Petitioner's objections to Magistrate Judge's Memorandum and Order denying Petitioner's request for appointment of counsel. Judge Benita Y. Pearson on 7/19/2011. (E,S)

Date Filed

Document Text

May 31, 2012

Filing 44 Memorandum Opinion and Order The Report and Recommendation of the Magistrate Judge is hereby adopted. Respondent's Motion to Dismiss (ECF No. 7 ) is granted. Elsebeth Baumgartner's Petition for a Writ of Habeas Corpus will be dis missed. Petitioner's Motion to Convert Petition From 28 U.S.C. § 2254 to 28 U.S.C. § 2241 Due to Lack of Final State Judgment (ECF No. 38 ) is denied. ECF No. 33 is granted. ECF Nos. 31 , 32 , 35 , and 41 are denied. The Co urt 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 Benita Y. Pearson on 5/31/2012. (S,L)

July 19, 2011

Filing 19 Memorandum of Opinion and Order re 18 Objection filed by Elsebeth Baumgartner. The Court overrules Petitioner's objections to Magistrate Judge's Memorandum and Order denying Petitioner's request for appointment of counsel. Judge Benita Y. Pearson on 7/19/2011. (E,S)

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Petitioner: Elsebeth Baumgartner
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Respondent: Frank Shewalter
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