Rose v. Kelly

Rose v. Kelly

Petitioner:	Gregory D. Rose
Respondent:	Bennie Kelly
Case Number:	1:2010cv02940
Filed:	December 30, 2010
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	George J. Limbert
Presiding Judge:	Sara Lioi
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
March 2, 2012	Filing 12 Memorandum Opinion: Petitioner's objections are overruled and the Report and Recommendation (Doc. No. 9 ) is accepted. Respondent's motion to dismiss the habeas petition as untimely (Case 2, Doc. No. 6 ) is granted. The petition is dismissed with prejudice. Further, the Court certifies 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. Sections 1915(a)(3), 2253(c); Fed. R. App. P. 22(b). Judge Sara Lioi on 3/2/2012. (P,J)

Date Filed

Document Text

March 2, 2012

Filing 12 Memorandum Opinion: Petitioner's objections are overruled and the Report and Recommendation (Doc. No. 9 ) is accepted. Respondent's motion to dismiss the habeas petition as untimely (Case 2, Doc. No. 6 ) is granted. The petition is dismissed with prejudice. Further, the Court certifies 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. Sections 1915(a)(3), 2253(c); Fed. R. App. P. 22(b). Judge Sara Lioi on 3/2/2012. (P,J)

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Petitioner: Gregory D. Rose
Represented By:	Margaret Amer Robey
Represented By:	Gregory Scott Robey
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Respondent: Bennie Kelly
Represented By:	Erin C. Reed
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