Smith v. Moore

Smith v. Moore

Petitioner:	Mark E Smith
Respondent:	Ernie Moore
Case Number:	3:2007cv01121
Filed:	April 17, 2007
Court:	US District Court for the Northern District of Ohio
Office:	Toledo Office
County:	Marion
Presiding Judge:	John R. Adams
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
August 19, 2008	Filing 12 Memorandum Opinion and Order adopting the 8 Report and Recommendation of the Magistrate Judge in part and rejecting in part. The petition is denied. As to grounds 1 and 2 the court certifies that an appeal from this decision may not be taken in good faith and there is no basis upon which to issue a certificate of appealability; As to ground 3, the court grants a certificate of appealability. Judge John R. Adams on 8/19/08. (K,C)
July 30, 2008	Filing 8 Report and Recommendation: It is recommended that the Court dismiss Grounds One and Two of petitioner's petition for a writ of habeas corpus, with prejudice, due to a lack of merit; further, it is recommended that the Court grant Ground Three of the petition, and remand petitioner's case for resentencing (Related document 1 ). Magistrate Judge George J. Limbert on 7/30/08. (S,AA) Modified on 11/23/2009 to create docket entry relationship (S,AA).

Date Filed

Document Text

August 19, 2008

Filing 12 Memorandum Opinion and Order adopting the 8 Report and Recommendation of the Magistrate Judge in part and rejecting in part. The petition is denied. As to grounds 1 and 2 the court certifies that an appeal from this decision may not be taken in good faith and there is no basis upon which to issue a certificate of appealability; As to ground 3, the court grants a certificate of appealability. Judge John R. Adams on 8/19/08. (K,C)

July 30, 2008

Filing 8 Report and Recommendation: It is recommended that the Court dismiss Grounds One and Two of petitioner's petition for a writ of habeas corpus, with prejudice, due to a lack of merit; further, it is recommended that the Court grant Ground Three of the petition, and remand petitioner's case for resentencing (Related document 1 ). Magistrate Judge George J. Limbert on 7/30/08. (S,AA) Modified on 11/23/2009 to create docket entry relationship (S,AA).

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Petitioner: Mark E Smith
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Respondent: Ernie Moore
Represented By:	Gregory T. Hartke
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