Spivey v. Jenkins
||February 19, 2016
||US District Court for the Northern District of Ohio
||Benita Y. Pearson
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2254
|Jury Demanded By:
Access additional case information on PACER
Available Case Documents
The following documents for this case are available for you to view or download:
|November 30, 2017
Memorandum of Opinion and Order For the reasons set forth herein, this Court denies Petitioner Spivey's Amended Petition for Writ of Habeas Corpus (ECF No. 38 ). The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), th at an appeal from this decision could be taken in good faith as to Spivey's first, fourth, and seventh (sub-claims (a) through (c)) grounds for relief, 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 claims only. As to all remaining claims, the Court certifies, pursuant 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). The Court also denies Spivey's Motion for Discovery (ECF No. 48 ). Judge Benita Y. Pearson on 11/30/2017. (JLG)
|March 24, 2017
Memorandum of Opinion and Order For the reasons set forth herein, Petitioner's Motion to Amend Habeas Petition with Additional Claims (ECF No. 27 ) is granted. Spivey shall forthwith file his Amended Petition. Respondent shall file an Am ended Return of Writ no later than 30 days from the date of this Order. Petitioner's Motion to Hold Petition for Writ of Habeas Corpus in Abeyance Pending Exhaustion of Newly Discovered Evidence Being Presented to State Court (ECF No. 32 ) is denied. Judge Benita Y. Pearson on 3/24/2017. (JLG)
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
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?