Starner v. Warden, Chillicothe Correctional Institution

Filing 30

Order signed by Judge James S. Gwin on 12/7/16. The Court declines to grant petitioner a certificate of appealability. (Related Doc. 29 ) (D,MA)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------DANNY STARNER, Petitioner, vs. CHARLOTTE JENKINS, Warden, Respondent. : : : : : : : : : : : CASE NO. 3:15-CV-1841 ORDER -----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: In 2008, a jury convicted Petitioner Danny Starner on eight counts of gross sexual imposition and fourteen counts of rape of a child under the age of thirteen.1 The trial court sentenced Starner to thirty years to life in prison.2 On August 4, 2016, this Court issued its opinion on the merits of Starner’s petition for a writ of habeas corpus.3 For the reasons set forth in that opinion, the Court DENIED Starner’s petition and TERMINATED this action under Federal Rule of Civil Procedure 58.4 On September 1, 2016, Starner filed a notice of appeal of that order to the United States Court of Appeals for the Sixth Circuit.5 On December 6, 2016, the Sixth Circuit held Starner’s appeal in abeyance so that this Court may consider whether to grant Starner a certificate of appealability.6 1 Doc. 7-1 at 19. Id. at 20-21. 3 Doc. 24. 4 Doc. 25. 5 Doc. 26. 6 Doc. 29. 2 Case No. 15-CV-1841 Gwin, J. A certificate of appealability may issue only if this Court’s conclusion is “debatable among jurists of reason; that a court could resolve the issue[] in a different manner; [and] that the question [is] adequate to deserve encouragement to proceed further.”7 No such conditions exist here. Therefore, this Court DECLINES to grant Starner a certificate of appealability. IT IS SO ORDERED. Dated: December 7, 2016 7 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Barefoot v. Estelle, 463 U.S. 880 (1983); see also 28 U.S.C. § 2253(c)(2). -2-

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