DAVIE v. MITCHELL

No. 1:99 CV 2400.

324 F.Supp.2d 862 (2004)

Roderick DAVIE, Petitioner v. Betty MITCHELL, Warden, Respondent

United States District Court, N.D. Ohio, Western Division.

June 29, 2004.


Attorney(s) appearing for the Case

David C. Stebbins, Columbus, OH, J. Joseph Bodine, Jr., Office of the Attorney General, State of Ohio, Corrections Litigation Section, Columbus, OH, Kathleen McGarry, McGarry Law Office, Glorieta, NM, Randall L. Porter, Office of the Public Defender, State of Ohio, Columbus, OH, Richard M. Kerger, Kerger & Kerger, Toledo, OH, for Roderick Davie, Petitioner.

Daniel R. Ranke, Office of the Attorney General, State of Ohio, Capital Crimes Section, Cleveland, OH, Jon W. Oebker, Office of the Prosecuting Attorney, Cleveland, OH, Stephen E. Maher, Office of the Attorney General, State of Ohio, Capital Crimes Section, Columbus, OH, Stuart A. Cole, Office of the Attorney General, State of Ohio, Corrections Litigation Section, Columbus, OH, for Betty Mitchell, Respondent.


ORDER

CARR, District Judge.

This is a capital habeas corpus case in which the petitioner applied for, but was denied, relief. The petitioner appealed this matter to the Sixth Circuit Court of Appeals. That Court advised that it could not proceed with the appeal until "the district court judge who entered the judgment ... either issue[s] a certificate of appealability or state[s] the reasons why such a certificate...

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