No. 18-8937

Michael P. Johnson v. Mark Hooks, Warden

Lower Court: Sixth Circuit
Docketed: 2019-04-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2253 certificate-of-appealability due-process federal-constitutional-right federal-constitutional-rights federal-court-rulings habeas-corpus similar-facts sixth-circuit state-court-proceeding
Key Terms:
HabeasCorpus
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Whether a state habeas petitioner may satisfy his burden under 28 U.S.C. §2253(c)(2) of making a substantial showing of a denial of a federal constitutional right for the issuance of a certificate of appealability by pointing to a ruling of another federal court that has resolved the same claim 'in a different manner' than the district court did in his case upon similar facts?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether a state habeas petitioner may satisfy his burden under 28 U.S.C. §2253(c)(2) of making a substantial showing of a denial of a federal constitutional right for the issuance of a certificate of appealability by pointing to a ruling of another federal court that has resolved the same claim “in a different manner” than the district court did in his case upon similar facts? i

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-16
Waiver of right of respondent Mark, Warden Hooks to respond filed.
2019-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2019)

Attorneys

Mark, Warden Hooks
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Michael Johnson
Dennis C. Belli — Petitioner