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16-1337 - Ervin v. Bowersox


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16-1337 - Ervin v. Bowersox
November 21, 2016
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(**VACATED PER DOCKET TEXT ORDER 11 ) MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED, ADJUDGED and DECREED that Petitioner Jonathan T. Ervin's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [ECF No. 1] is DENIED. Signed by District Judge E. Richard Webber on 11/21/2016. (CBL)
January 18, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED, ADJUDGED and DECREED that Petitioner Jonathan T. Ervin's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [ECF No. 1] is DENIED.Signed by District Judge E. Richard Webber on January 18, 2017. (MCB)
February 23, 2017
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that the Clerk of Court shall forward to petitioner a form "Motion to Proceed In Forma Pauperis and Affidavit in Support -- Habeas Cases." IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from the date of this order either to submit a completed form "Motion to Proceed In Forma Pauperis and Affidavit in Support -- Habeas Cases." IT IS FURTHER ORDERED that if petitioner fails to properly complete and submit the form motion and affidavit within thirty (30) days, the Court will deny petitioners motion without prejudice. Signed by District Judge E. Richard Webber on 2/23/2017. (IFP Habeas form emailed to Attorney for Petitioner this date.)(CBL)
April 11, 2017
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ORDER. The Court finds that Movant has made a substantial showing of the denial of a constitutional right, as is required before a certificate of appealability can issue. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997) (explaining that a "substantial showing" is a showing that the "issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings"). Therefore, the Court will issue a certificate of appealability as to the claim the trial court erred in admitting evidence of Petitioner's interview with law enforcement. The Court will not issue a certificate of appealability as to Petitioners claim his trial counsel was ineffective for failing to question his father and stepbrother about his father's practice of physically disciplining his children. Signed by District Judge E. Richard Webber on 4/11/2017. (CBL)