Goldberg v. Maloney et al

Filing 105

FILING ERROR, disregard.Memorandum Opinion Order denying petitioner's Motion to stay (Related Doc # 102 ). Judge Donald C. Nugent(C,KA) Modified on 4/7/2011 (C,KA).

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

RICHARD GOLDBERG, Petitioner, v. HONORABLE TIMOTHY P. MALONEY, et al., Respondents.

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CASE NO. 4:03 CV 2190

JUDGE DONALD C. NUGENT ) MEMORANDUM OPINION AND ORDER

This matter is before the Court on Petitioner, Richard Goldberg's Motion for Stay Pending Appeal. (ECF #102). Mr. Goldberg has appealed this Court's Order finding that he has not established cause and prejudice for his procedural default, and denying his request for habeus relief. Petitioner was ordered to immediately surrender to the Mahoning County Sheriff's Department to serve the remaining seven months on his sentence. The Court of Appeals acknowledged receipt of his appeal on March 29, 2011. (ECF #103). This Court finds that Mr. Goldberg has not made a strong showing that he is likely to succeed on the merits of his appeal, and that the public interest is best served by requiring him to serve the remainder of his sentence, which was imposed more than ten years ago.

Mr. Goldberg is free to petition the Court of Appeals for a stay of sentence pending resolution of his appeal. However, this Court does not find a stay to be warranted. Petitioner's Motion (ECF #102) is, therefore, DENIED. IT IS SO ORDERED.

/s/ Donald C. Nugent Donald C. Nugent United States District Judge Date: April 7, 2011

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