Brinkley v. Houk
Case Number: 4:2006cv00110
Filed: January 17, 2006
Court: US District Court for the Northern District of Ohio
Office: Youngstown Office
Presiding Judge: John R. Adams
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution
Jury Demanded By: None
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Date Filed Document Text
April 30, 2012 Opinion or Order Filing 146 Memorandum of Opinion and Order granting in part and denying in part Petitioner Brinkley's Motion to Alter or Amend Judgment under Rule 59(e) (ECF 139 ). Brinkley's Motion is denied with respect to the merits of sub-claims 11(a)-( d) and Ground 12(e). The Court grants Brinkley's Motion to the extent it seeks an expansion of the Certificate of Appealability to include sub-claims 11(b) - (d). This Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could be taken in good faith as to grounds 11(a)-(d), and the Court issues a certificate of appealability pursuant to 28 U.S.C. 2253(c) and Fed.R.App.P. 22(b) as to those grounds only. As to all remaining grounds, the Court certifies, purs uant 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. 28 U.S.C. 2253(c); Fed.R.App.P. 22(B). Judge John R. Adams on 4/30/12. (K,C) Modified text on 5/1/2012 (S,He)
December 5, 2011 Opinion or Order Filing 137 Memorandum Opinion and Order. The Petition is denied for the reasons stated within. The Court certifies that an appeal from this decision could be taken in good faith as to ground 11(a), and the Court issues a certificate of appealability pur suant to 28 U.S.C. § 2253(c) and Fed.R.App.P. 22(b) as to that ground only. As to all remaining grounds, the Court certifies, pursuant to 28U.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. Judge John R. Adams on 12/5/11. (R,Sh)
December 28, 2009 Opinion or Order Filing 135 Memorandum of Opinion and Order granting Petitioner's Motion to expand the record (Related Doc # 122 ); denying without prejudice Petitioner's Motion for an evidentiary hearing (Related Doc # 124 ). Signed by Judge John R. Adams on 12/28/09.(A,E) Modified text on 12/29/2009 (R,Sh).
October 8, 2008 Opinion or Order Filing 112 Order granting the Ohio Public Defender's Motion to quash (Related Doc # 107 ). The request for sanctions is denied. Judge John R. Adams on 10/8/08.(K,C) Modified text for acronym on 10/9/2008 (R,Sh).
May 22, 2008 Opinion or Order Filing 96 Order granting Respondent's Motion for leave to conduct discovery (Related Doc # 83 ); granting Respondent's Motion to supplement the record with Petitioner's Criminal History (Related Doc # 86 ); granting Petitioner's Cross Motion for leave to conduct depositions (Related Doc # 90 ). All further discovery shall be completed within 120 days of this Order. Judge John R. Adams on 5/22/08.(A,E)
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