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NIAN v. WARDEN, NORTH CENTRAL CORRECTIONAL INST.

No. 18-3938.

994 F.3d 746 (2021)

Abulay NIAN, Petitioner-Appellant, v. WARDEN, NORTH CENTRAL CORRECTIONAL INSTITUTION, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 19, 2021.

Attorney(s) appearing for the Case

ARGUED: Brian A. Morris , TAFT STETTINIUS & HOLLISTER LLP, Cincinnati, Ohio, for Appellant. William H. Lamb , OFFICE OF THE OHIO ATTORNEY GENERAL, Cincinnati, Ohio, for Appellee. ON BRIEF: Brian A. Morris , TAFT STETTINIUS & HOLLISTER LLP, Cincinnati, Ohio, for Appellant. William H. Lamb , OFFICE OF THE OHIO ATTORNEY GENERAL, Cincinnati, Ohio, for Appellee.

DONALD, J., delivered the opinion of the court in which WHITE, J., joined. SILER, J. (pp. 759-61), delivered a separate dissenting opinion.

OPINION

Petitioner Abulay Nian appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court denied Nian a certificate of appealability (COA) on all his claims, but we later granted him a COA solely on his claim that the state court...

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