Perry v. Bracy
Daveion Perry |
Charmaine Bracy |
1:2018cv02575 |
November 8, 2018 |
US District Court for the Northern District of Ohio |
Dan Aaron Polster |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 |
None |
Docket Report
This docket was last retrieved on November 27, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 5 Judgment Entry In accordance with this Court's accompanying #4 Memorandum of Opinion and Order, this action is dismissed without prejudice. The Court further certifies 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. Signed by Judge Dan Aaron Polster on 11/27/2018. (K,K) |
Filing 4 Memorandum of Opinion and Order For the reasons stated in the Order, the #1 Petition is dismissed pursuant to Rule 4 of the Rules Governing Section 2254 Cases without prejudice to re-filing after the claims asserted have been fully exhausted. The Petitioner's Motion for a Stay and Abeyance (Doc. No. #3 ) filed on November 26, 2018 is denied. The Petition indicates that no asserted claims are exhausted; therefore, the Petition is not mixed. 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. Signed by Judge Dan Aaron Polster on 11/27/2018. (K,K) |
Copy of #4 Memorandum of Opinion and Order and #5 Judgment mailed to Charmaine Bracy, Warden, and Daveion Perry (#691391) at Trumbull Correctional Institution, PO Box 901, Leavittsburg, OH 44430 on 11/27/2018. (K,K) |
Filing 3 Motion for stay and abeyance of habeas review filed by Petitioner Daveion Perry. (S,HR) |
Filing 2 Administrative Track DCM Initial Order. Chief Judge Patricia A. Gaughan. (Y,Br) |
Filing 1 Petition under 28 USC 2254 for Writ of Habeas Corpus by a person in state custody. Filing fee paid. $5.00. Receipt # 44660004772. Filed by Daveion Perry. (Attachments: #1 Civil Cover Sheet) (Y,Br) |
Judge Dan Aaron Polster assigned to case. (Y,Br) |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (Y,Br) |
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Respondent: Charmaine Bracy | |
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Petitioner: Daveion Perry | |
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