KEITH v. BOBBY

No. 08-3908.

551 F.3d 555 (2009)

Kevin KEITH, Movant, v. David BOBBY, Warden, Respondent.

United States Court of Appeals, Sixth Circuit.

January 13, 2009.


Attorney(s) appearing for the Case

Rachel G. Troutman, Ohio Public Defender's Office, Columbus, OH, for Movant.

Seth P. Kestner, Assistant Attorney General, Office of the Ohio Attorney General, Columbus, OH, for Respondent.

Before: BOGGS, Chief Judge; and CLAY and GIBBONS, Circuit Judges.


ORDER

Kevin Keith moves this court for an order authorizing the district court to consider a second or successive habeas corpus petition under 28 U.S.C. § 2254. Because Keith's motion does not make a prima facie showing that "no reasonable factfinder would have found the applicant guilty of the underlying offense," 28 U.S.C. § 2244(b)(2)(B)(ii), we deny the motion.

I

Keith was convicted in an Ohio court for a 1994 triple murder and sentenced...

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