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16-384 - Spivey v. Jenkins


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16-384 - Spivey v. Jenkins
March 24, 2017
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Memorandum of Opinion and Order For the reasons set forth herein, Petitioner's Motion to Amend Habeas Petition with Additional Claims (ECF No. 27) is granted. Spivey shall forthwith file his Amended Petition. Respondent shall file an Amended Return of Writ no later than 30 days from the date of this Order. Petitioner's Motion to Hold Petition for Writ of Habeas Corpus in Abeyance Pending Exhaustion of Newly Discovered Evidence Being Presented to State Court (ECF No. 32) is denied. Judge Benita Y. Pearson on 3/24/2017. (JLG)
November 30, 2017
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Memorandum of Opinion and Order For the reasons set forth herein, this Court denies Petitioner Spivey's Amended Petition for Writ of Habeas Corpus (ECF No. 38). The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could be taken in good faith as to Spivey's first, fourth, and seventh (sub-claims (a) through (c)) grounds for relief, and the Court issues a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Fed. R. App. P. 22(b) as to those claims only. As to all remaining claims, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). The Court also denies Spivey's Motion for Discovery (ECF No. 48). Judge Benita Y. Pearson on 11/30/2017. (JLG)