Frazier v. Bobby

Filing 33

Memorandum Opinion and Order: This matter is before the Court upon Petitioner James Frazier's ("Frazier" or "Petitioner") Petition for Writ of Habeas Corpus and Request for Oral Argument. For the foregoing reasons, the Petition is denied. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could be taken in good faith as to claims for relief 1and 2, and subclaims 1, 2 and 3 (as to Miranda rights only) to claim for reli ef 5, and the Court issues a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 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). Judge Patricia A. Gaughan on 10/24/11. (LC,S)