Barnes v. Eppinger

Barnes v. Eppinger

Petitioner:	Richard Barnes
Respondent:	Lashann Eppinger
Case Number:	1:2018cv01091
Filed:	May 10, 2018
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
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 11, 2019	Filing 5 Memorandum Opinion and Order: For all the foregoing reasons, the portion of Barnes's petition pertaining to his 2009 convictions is dismissed with prejudice for want of jurisdiction. The portion of Barnes's petition pertaining to his 2016 conviction is unexhausted and is dismissed without prejudice pursuant to Rule 4 of the Rules Governing Section 2254 Cases. Further, the Court certifies pursuant to 28 U.S.C. Section 1915(a)(3) that an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. Section 2253; Fed. R. App. P. 22(b). (Related Doc. No. 1 ). Judge Sara Lioi on 3/11/2019. (P,J)

Date Filed

Document Text

March 11, 2019

Filing 5 Memorandum Opinion and Order: For all the foregoing reasons, the portion of Barnes's petition pertaining to his 2009 convictions is dismissed with prejudice for want of jurisdiction. The portion of Barnes's petition pertaining to his 2016 conviction is unexhausted and is dismissed without prejudice pursuant to Rule 4 of the Rules Governing Section 2254 Cases. Further, the Court certifies pursuant to 28 U.S.C. Section 1915(a)(3) that an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. Section 2253; Fed. R. App. P. 22(b). (Related Doc. No. 1 ). Judge Sara Lioi on 3/11/2019. (P,J)

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Petitioner: Richard Barnes
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Respondent: Lashann Eppinger
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