DeShawn E. Hall v. Northrup

DeShawn E. Hall v. Northrup

Petitioner:	DeShawn E. Hall
Respondent:	Kay Northrup
Case Number:	3:2007cv00465
Filed:	December 10, 2007
Court:	US District Court for the Southern District of Ohio
Office:	Dayton Office
County:	MONTGOMERY
Presiding Judge:	Sharon L Ovington
Presiding Judge:	Walter H Rice
Nature of Suit:	Habeas Corpus (General)
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
October 6, 2009	Filing 9 DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON SEPTEMBER 15, 2009 (Doc. 8 ); DENYING AND DISMISSING DeSHAWN E. HALL'S PETITION FOR WRIT OF HABEAS CORPUS; DENYING A CERTIFICATE OF APPEALABILITY; CERTIFYING THAT AN APPEAL OF THIS DECISION AND ENTRY WOULD NOT BE TAKEN IN GOOD FAITH; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 10/06/2009. (sc1, )
September 15, 2009	Filing 8 REPORT AND RECOMMENDATIONS that: 1) Hall's petition under 28 U.S.C. 2254 for writ of habeas corpus (Doc. 1 ) be DENIED and DISMISSED with prejudice; 2) a certificate of appealability NOT issue, because Petitioner has failed to make a substant ial showing of the denial of a constitutional right resulting from the sole issue raised in the petition, see 28 U.S.C. 2253(c); Fed. R. App. P. 22(b)(1); 3) should Petitioner apply to proceed on appeal in forma pauperis, the Court should certify p ursuant to 28 U.S.C. 1915(a)(3) that an appeal of any Order adopting this Report and Recommendations would not be "taken in good faith," and therefore should deny Petitioner leave to appeal in forma pauperis. See Fed. R. App. P. 24(a)(3)(A); Kincade v. Sparkman, 17 F.3d 949, 952 (6th Cir. 1997); 4) This case be terminated on the docket of this Court. Objections to R&R due by 10/2/2009. Signed by Magistrate Judge Sharon L Ovington on 9/15/2009. (sc1, )

Date Filed

Document Text

October 6, 2009

Filing 9 DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS FILED ON SEPTEMBER 15, 2009 (Doc. 8 ); DENYING AND DISMISSING DeSHAWN E. HALL'S PETITION FOR WRIT OF HABEAS CORPUS; DENYING A CERTIFICATE OF APPEALABILITY; CERTIFYING THAT AN APPEAL OF THIS DECISION AND ENTRY WOULD NOT BE TAKEN IN GOOD FAITH; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 10/06/2009. (sc1, )

September 15, 2009

Filing 8 REPORT AND RECOMMENDATIONS that: 1) Hall's petition under 28 U.S.C. 2254 for writ of habeas corpus (Doc. 1 ) be DENIED and DISMISSED with prejudice; 2) a certificate of appealability NOT issue, because Petitioner has failed to make a substant ial showing of the denial of a constitutional right resulting from the sole issue raised in the petition, see 28 U.S.C. 2253(c); Fed. R. App. P. 22(b)(1); 3) should Petitioner apply to proceed on appeal in forma pauperis, the Court should certify p ursuant to 28 U.S.C. 1915(a)(3) that an appeal of any Order adopting this Report and Recommendations would not be "taken in good faith," and therefore should deny Petitioner leave to appeal in forma pauperis. See Fed. R. App. P. 24(a)(3)(A); Kincade v. Sparkman, 17 F.3d 949, 952 (6th Cir. 1997); 4) This case be terminated on the docket of this Court. Objections to R&R due by 10/2/2009. Signed by Magistrate Judge Sharon L Ovington on 9/15/2009. (sc1, )

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Petitioner: DeShawn E. Hall
Represented By:	Michael C Thompson
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Respondent: Kay Northrup
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