Foster v. Williams

Foster v. Williams

Petitioner:	Dwayne Foster
Respondent:	Jessie Williams
Case Number:	3:2008cv00435
Filed:	February 21, 2008
Court:	US District Court for the Northern District of Ohio
Office:	Toledo Office
County:	Wood
Presiding Judge:	James S. Gallas
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

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
June 23, 2009	Filing 16 Memorandum Opinion and Order: The Magistrate Judge determined that the Petition was procedurally defaulted. Petitioner has not objected to the findings. This Court agrees with the reasoning and conclusions of the Magistrate Judge and, having f ound no clear error, completely adopts his factual and legal conclusions as its own and incorporates them herein by reference. Accordingly, for the reasons set forth in the Magistrate Judges Report and Recommendation, the Petition for Writ of Habeas Corpus is denied. Furthermore, the Court declines to issue a certificate of appealability. 28 U.S.C. § 2253(c). Judge Patricia A. Gaughan on 6/22/09. (LC,S) re 15
April 30, 2009	Filing 15 Report and Recommendation that petitioner did not demonstrate prejudice to excuse the procedural default or establish actual innocence. Accordingly, petitioner has not demonstrated that he is in custody pursuant to a judgment of the state cou rt which resulted in a decision that was contrary to or involved an unreasonable application of Federal law determined by the Supreme Court of the United States or was the result of a decision based on an unreasonable interpretation of the facts in l ight of the evidence in the State court proceedings. There has been no demonstrated need for a evidentiary hearing. It is recommended that this application for habeas corpus be denied. Objections to R&R due by 5/14/2009. Magistrate Judge James S. Gallas on 4/30/2009. (W,G)

Date Filed

Document Text

June 23, 2009

Filing 16 Memorandum Opinion and Order: The Magistrate Judge determined that the Petition was procedurally defaulted. Petitioner has not objected to the findings. This Court agrees with the reasoning and conclusions of the Magistrate Judge and, having f ound no clear error, completely adopts his factual and legal conclusions as its own and incorporates them herein by reference. Accordingly, for the reasons set forth in the Magistrate Judges Report and Recommendation, the Petition for Writ of Habeas Corpus is denied. Furthermore, the Court declines to issue a certificate of appealability. 28 U.S.C. § 2253(c). Judge Patricia A. Gaughan on 6/22/09. (LC,S) re 15

April 30, 2009

Filing 15 Report and Recommendation that petitioner did not demonstrate prejudice to excuse the procedural default or establish actual innocence. Accordingly, petitioner has not demonstrated that he is in custody pursuant to a judgment of the state cou rt which resulted in a decision that was contrary to or involved an unreasonable application of Federal law determined by the Supreme Court of the United States or was the result of a decision based on an unreasonable interpretation of the facts in l ight of the evidence in the State court proceedings. There has been no demonstrated need for a evidentiary hearing. It is recommended that this application for habeas corpus be denied. Objections to R&R due by 5/14/2009. Magistrate Judge James S. Gallas on 4/30/2009. (W,G)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Foster v. Williams
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Dwayne Foster
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: Jessie Williams
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?