Volpe v. Warden, Ohio Reformatory for Women, No. 2:2009cv00790 - Document 27 (S.D. Ohio 2011)
Court Description: OPINION AND ORDER GRANTING Petitioner's application for a certificate of appealability as to this Court's judgment of November 7, 2011. Signed by Judge James L Graham on 12/7/11. (ds) Modified Text to correct description on 12/7/2011 (sr).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Kelly Volpe, Petitioner, v. CASE NO. 2:09-cv-790 Ginine Trim, Warden, Respondent. OPINION AND ORDER The matter is before the court on petitioner s application for a certificate of appealability regarding this court s judgment of November 7, 2011, which dismissed petitioner s claims for habeas relief under 28 U.S.C. ยง2254. Section 2253(c) permits the issuance of a certificate of appealability only where a petitioner has made a substantial showing of the denial of a constitutional right. Slack v. McDaniel, 529 U.S. 473, 483 (2000). Under the controlling standard, a petitioner must show that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented further. were adequate Miller-El v. (quotation marks omitted). been met in this case. to deserve Cockrell, encouragement 537 U.S. 322, to 336 proceed (2003) The court finds that this standard has Petitioner s application for a certificate of appealability as to this court s judgment of November 7, 2011, is hereby granted. Date: December 7, 2011 s/James L. Graham James L. Graham United States District Judge
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