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14-167 - MCGHEE v. BROWN


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14-167 - MCGHEE v. BROWN
October 15, 2014
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ORDER denying Petitioner's 17 Motion to Produce Documents. The petitioner's September 12, 2014 17 motion for production of documents seeks the production of "all documents obtained from the records department of the Indiana Court of Appeals...allowing for the equality in the presentation of the cause before this Honorable Court." The respondent filed a return to order to show cause on September 19, 2014. The Court gave the petitioner through October 5, 2014, to notify the Court why his motion for the production of documents should not be denied as unnecessary in light of the respondent's recent filing of his return to order to show cause. The petitioner has taken no further steps. Under these circumstances, the petitioner's motion for production of documents is denied as unnecessary. Signed by Judge Jane Magnus-Stinson on 10/15/2014. (AH)
August 4, 2016
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Entry Discussing Petition for a Writ of Habeas Corpus - Petitioner Brian McGhee was found guilty of felony murder following a jury trial in an Indiana state court. He is currently serving a forty-eight year sentence for this crime. Mr. McGhee now seeks a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. For the reasons explained in this Entry, Mr. McGhee's petition for a writ of habeas corpus is denied and the action dismissed with prejudice. In addition, the Court finds that a certificate of appealability should not issue. This Court has carefully reviewed the state record in light of Mr. McGhee's claims and has given such consideration to those claims as the limited scope of its review in a habeas corpus proceeding permits. Because Mr. McGhee failed to carry his burden on his claims, he is not entitled to habeas relief, and his petition is therefore denied. Judgment consistent with this Entry shall now issue. The clerk is directed to update the docket to reflect that the petitioner's address is that set forth in the below distribution. (See Entry.) Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 8/4/2016.(BRR)