Brown v. Miller

Brown v. Miller

Petitioner:	Michael E. Brown, Jr.
Respondent:	Michelle Miller
Case Number:	5:2013cv02842
Filed:	December 30, 2013
Court:	US District Court for the Northern District of Ohio
Office:	Akron Office
County:	Summit
Presiding Judge:	Benita Y. Pearson
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
August 14, 2015	Filing 27 Memorandum of Opinion and Order For the reasons set forth herein, Petitioner's Motion to Supplement the Record (ECF No. 24 ) is granted and enlarged by Respondent's request. Accordingly, ECF Nos. 24 -1, 24 -2, 25 -1, 25 -2, and 25 -3 are made part of the record. Plaintiff's Objections (ECF No. 22 ) are overruled and the Report and Recommendation (ECF No. 21 ) of the Magistrate Judge is adopted. Michael E. Brown, Jr.'s Petition for a Writ of Habeas Corpus is di smissed in its entirety as procedurally defaulted. Petitioner's Motion for Certificate of Appealability (ECF No. 23 ) is denied. 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). Judge Benita Y. Pearson on 8/14/2015. (JLG)

Date Filed

Document Text

August 14, 2015

Filing 27 Memorandum of Opinion and Order For the reasons set forth herein, Petitioner's Motion to Supplement the Record (ECF No. 24 ) is granted and enlarged by Respondent's request. Accordingly, ECF Nos. 24 -1, 24 -2, 25 -1, 25 -2, and 25 -3 are made part of the record. Plaintiff's Objections (ECF No. 22 ) are overruled and the Report and Recommendation (ECF No. 21 ) of the Magistrate Judge is adopted. Michael E. Brown, Jr.'s Petition for a Writ of Habeas Corpus is di smissed in its entirety as procedurally defaulted. Petitioner's Motion for Certificate of Appealability (ECF No. 23 ) is denied. 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). Judge Benita Y. Pearson on 8/14/2015. (JLG)

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Petitioner: Michael E. Brown, Jr.
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Respondent: Michelle Miller
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