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March 20, 2007

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Certificate of appealability
 

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USA v. Hardin (March 20, 2007) (Appeal from W.D. Kent.)
-  http://www.ca6.uscourts.gov/opinions.pdf/07a0105p-06.pdf
-  Petitioner Corey Hardin was indicted in district court for several drug trafficking offenses. He pled guilty to each of the nine counts brought against him, and was sentenced to 168 months imprisonment in September of 1999. Hardin filed a petition for a writ of habeas corpus in the district court. The district court ultimately denied Hardin relief. In response, Hardin filed a motion under Fed. R. Civ. P. 60(b) seeking relief from the judgment in his habeas case. The district court construed this motion as a successive habeas petition, and referred it to this Court under 28 U.S.C. § 2244. This Court denied Hardin authorization to bring a second application. Hardin filed additional post-judgment motions in the district court, including a "Motion to Recall Mandate and Vacate Judgment," pursuant to Rule 60(b). This motion is the subject of the present appeal. Hardin's renewed 60(b) motion was based on the district court's ruling that his prior 60(b) motion was a second or successive habeas petition, a conclusion that he challenged based on the Supreme Court's decision in Gonzalez v. Crosby, 545 U.S. 524, 125 S. Ct. 2641 (2005). The motion to remand this case to the district court for consideration of a certificate of appealability is granted. The motion to hold the briefing schedule in abeyance is also granted.
 

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