Miller v. Warden, Lebanon Correctional Institution

Filing 19

DECISION AND ORDER GRANTING CERTIFICATE OF APPEALABILITY AND APPOINTMENT OF COUNSEL - Petitioner's Motion for Certificate of Appealability on the two questions is GRANTED. The Court likewise grants Petitioner leave to appeal in forma pauperis and orders that Christopher J. Pagan, his attorney in this Court, be appointed to represent him in the Court of Appeals pursuant to 18 U.S.C. § 3006A. Signed by Magistrate Judge Michael R Merz on 2/3/2009. (kopf1, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
RICHARD MILLER, : Petitioner, : -vsWARDEN, Lebanon Correctional Institution, : Respondent. Magistrate Judge Michael R. Merz Case No. 1:07- cv -733

DECISION AND ORDER GRANTING CERTIFICATE OF APPEALABILITY AND APPOINTMENT OF COUNSEL

This case is before the Court on Petitioner's Motion for a Certificate of Appealability (Doc. No. 16) which the Court finds is well taken in its entirety. While the Court believes its decision is correct, reasonable jurists could debate (1) This Court's decision that the state court's decision was not an unreasonable determination of the facts and (2) This Court's decision that the state courts' decision was not an objectively unreasonable application of Holmes v. South Carolina, 547 U.S. 319 (2006) and Chambers v. Mississippi, 410 U.S. 284 (1972) were correct. In other words, Petitioner deserves encouragement to pursue these questions in the Sixth Circuit Court of Appeals. His Motion for Certificate of Appealability on the above two questions is GRANTED.

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The Court likewise grants Petitioner leave to appeal in forma pauperis and orders that Christopher J. Pagan, his attorney in this Court, be appointed to represent him in the Court of Appeals pursuant to 18 U.S.C. § 3006A. February 3, 2009.
s/ Michael R. Merz United States Magistrate Judge

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