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MOORE v. HAVILAND

Case No. 1:04 CV 0242.

607 F.Supp.2d 867 (2009)

John MOORE, Jr., Petitioner, v. James HAVILAND, Warden, Respondent.

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

March 26, 2009.

Attorney(s) appearing for the Case

J. Dean Carro, University of Akron, Akron, OH, for Petitioner.

Jerri L. Fosnaught, Office of the Attorney General, Columbus, OH, for Respondent.

MEMORANDUM OF OPINION AND ORDER GRANTING RESPONDENT'S MOTION TO STAY WRIT PENDING APPEAL

LESLEY WELLS, District Judge.

On 28 February 2007, this Court entered an Order conditionally granting the petition for a writ of habeas corpus under 28 U.S.C. § 2254, vacating Petitioner John Moore's ("Mr. Moore" or "Petitioner") conviction in State of Ohio v. John Moore, Jr., Cuyahoga County Court of Common Pleas No. 392440,1

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