Driskill v. Brunsman

Driskill v. Brunsman

Petitioner:	Ricky D. Driskill
Respondent:	Tim Brunsman
Case Number:	3:2009cv02188
Filed:	September 21, 2009
Court:	US District Court for the Northern District of Ohio
Office:	Toledo Office
County:	Mercer
Presiding Judge:	Kenneth S. McHargh
Presiding Judge:	Kathleen M. O'Malley
Nature of Suit:	None
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 30, 2012	Filing 18 Memorandum Opinion and Order For the reasons set forth, the Court grants Respondent's motion to dismiss. ECF No. 17 . Accordingly, Driskill's petition for a writ of habeas corpus (ECF No. 1 ) is dismissed without prejudice from the docket of the undersigned. All pending motions, are therefore terminated. Judge Benita Y. Pearson on 8/30/2012. (S,L)
July 6, 2012	Filing 12 Memorandum Opinion and Order The Court finds that an evidentiary hearing would be helpful to the Court in determining whether Petitioner Driskill has a plausible claim of ineffective of assistance of counsel. Specifically, because there are d ivergent views on whether Driskill approved his counsel's decision to abandon his direct appeal, the Court deems it necessary to develop the record concerning this issue. The hearing will be held 8/1/2012 at 01:00 PM in Courtroom 351. Judge Benita Y. Pearson on 7/6/2012. (S,L)

Date Filed

Document Text

August 30, 2012

Filing 18 Memorandum Opinion and Order For the reasons set forth, the Court grants Respondent's motion to dismiss. ECF No. 17 . Accordingly, Driskill's petition for a writ of habeas corpus (ECF No. 1 ) is dismissed without prejudice from the docket of the undersigned. All pending motions, are therefore terminated. Judge Benita Y. Pearson on 8/30/2012. (S,L)

July 6, 2012

Filing 12 Memorandum Opinion and Order The Court finds that an evidentiary hearing would be helpful to the Court in determining whether Petitioner Driskill has a plausible claim of ineffective of assistance of counsel. Specifically, because there are d ivergent views on whether Driskill approved his counsel's decision to abandon his direct appeal, the Court deems it necessary to develop the record concerning this issue. The hearing will be held 8/1/2012 at 01:00 PM in Courtroom 351. Judge Benita Y. Pearson on 7/6/2012. (S,L)

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Petitioner: Ricky D. Driskill
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Respondent: Tim Brunsman
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