Walker v. Clipper

Walker v. Clipper

Petitioner:	Charles Walker
Respondent:	Kimberly Clipper
Case Number:	1:2018cv00193
Filed:	January 24, 2018
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	Solomon Oliver
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
February 12, 2018	Filing 3 Memorandum Opinion and Order Walker has an appeal pending in the OhioCourt of Appeals raising grounds sought to be raised in his habeas petition before this court. Without regard to the potential merits of the grounds sought to be raised here in, he has yet to exhaust his state court remedies. The petition is thus premature. This action is dismissed without prejudice pursuant to Rule 4 of the Rules Governing Section 2254 Cases. 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 on which to issue a certificate of appealability. Fed.R.App.P. 22(b); 28 U.S.C. § 2253. Signed by Judge Solomon Oliver, Jr. on 2/12/2018. (R,Sh)

Date Filed

Document Text

February 12, 2018

Filing 3 Memorandum Opinion and Order Walker has an appeal pending in the OhioCourt of Appeals raising grounds sought to be raised in his habeas petition before this court. Without regard to the potential merits of the grounds sought to be raised here in, he has yet to exhaust his state court remedies. The petition is thus premature. This action is dismissed without prejudice pursuant to Rule 4 of the Rules Governing Section 2254 Cases. 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 on which to issue a certificate of appealability. Fed.R.App.P. 22(b); 28 U.S.C. § 2253. Signed by Judge Solomon Oliver, Jr. on 2/12/2018. (R,Sh)

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Petitioner: Charles Walker
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Respondent: Kimberly Clipper
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