Tran v. Bogan

Tran v. Bogan

Petitioner:	My Van Tran
Respondent:	Bobby Bogan, Jr.
Case Number:	1:2016cv00637
Filed:	March 15, 2016
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	Patricia A. Gaughan
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
November 6, 2017	Filing 26 Memorandum of Opinion and Order: For the reasons discussed above and in the Report and Recommendation, which is incorporated herein by reference, the Report and Recommendation of Magistrate Judge Baughman recommending dismissal of Petitioner& #039;s pending Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is accepted. Because the petition is untimely, Magistrate Judge Baughman also correctly determined that Petitioner's Objection to Respondent's Filing of an Incomplete Record (Doc. 16 ) must be denied as moot. Furthermore, the Court 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 Patricia A. Gaughan on 11/6/17. (LC,S) re 18
September 25, 2017	Filing 20 Memorandum of Opinion and Order: Magistrate Judge Baughman concluded that Petitioner filed his petition outside the one-year statute of limitations for filing habeas petitions set forth in 28 U.S.C. § 2244(d). He further concluded that P etitioner was not entitled to statutory or equitable tolling and that he did not meet the demanding standard for establishing a claim of actual innocence. This Court, having reviewed the Report and Recommendation and finding no clear error, accepts t he Magistrate Judge's Report and Recommendation. In accordance with that recommendation, the Court hereby denies the Petition for Writ of Habeas Corpus for the reasons stated by the Magistrate Judge in the Report and Recommendation, which is inc orporated herein by reference. Furthermore, the Court 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 Patricia A. Gaughan on 9/25/17. (LC,S) re 18

Date Filed

Document Text

November 6, 2017

Filing 26 Memorandum of Opinion and Order: For the reasons discussed above and in the Report and Recommendation, which is incorporated herein by reference, the Report and Recommendation of Magistrate Judge Baughman recommending dismissal of Petitioner& #039;s pending Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1 ) is accepted. Because the petition is untimely, Magistrate Judge Baughman also correctly determined that Petitioner's Objection to Respondent's Filing of an Incomplete Record (Doc. 16 ) must be denied as moot. Furthermore, the Court 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 Patricia A. Gaughan on 11/6/17. (LC,S) re 18

September 25, 2017

Filing 20 Memorandum of Opinion and Order: Magistrate Judge Baughman concluded that Petitioner filed his petition outside the one-year statute of limitations for filing habeas petitions set forth in 28 U.S.C. § 2244(d). He further concluded that P etitioner was not entitled to statutory or equitable tolling and that he did not meet the demanding standard for establishing a claim of actual innocence. This Court, having reviewed the Report and Recommendation and finding no clear error, accepts t he Magistrate Judge's Report and Recommendation. In accordance with that recommendation, the Court hereby denies the Petition for Writ of Habeas Corpus for the reasons stated by the Magistrate Judge in the Report and Recommendation, which is inc orporated herein by reference. Furthermore, the Court 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 Patricia A. Gaughan on 9/25/17. (LC,S) re 18

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Petitioner: My Van Tran
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Respondent: Bobby Bogan, Jr.
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