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. § 2254 Ptn for Writ of H/C - Stay of Execution |
Jury Demanded By: |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Date Filed |
Document Text |
April 30, 2012 |
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)
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December 5, 2011 |
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)
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December 28, 2009 |
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).
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October 8, 2008 |
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).
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May 22, 2008 |
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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