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Unpublished DispositionNOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.Eugene BRENNAN, Petitioner-Appellant,v.Terry L. MORRIS, Warden, Respondent-Appellee.
United States Court of Appeals, Sixth Circuit.
Jan. 21, 1987.
Before KEITH, MERRITT and NELSON, Circuit Judges.
This case has been referred to a panel of the Court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the certified record and briefs filed by the parties, this panel agrees unanimously that oral argument is not needed. Rule 34(a), Federal Rules of Appellate Procedure.
Petitioner Brennan filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254. He was convicted of reckless murder and assault with intent to murder. His convictions were affirmed on direct appeal. State v. Brennan, No. 51138 (Ohio Ct.App. July 12, 1980) (not designated for publication). He also unsuccessfully sought post-conviction relief.
In the instant petition, the sole argument is that the state court’s interpretation of Ohio’s exculpatory evidence statute violates constitutional due process. On July 15, 1985, the district court dismissed the petition sua sponte for lack of jurisdiction. On appeal, petitioner states that he is in custody pursuant to a writ of habeas corpus issued by the United States District Court for the Eastern District of New York. This is apparently because the District Court found that his petition was timely filed.
The record reflects that petitioner is also serving a sentence in New York on another habeas petition filed in a different court. His current petition is duplicative of the New York petition and thus warrants summary dismissal. Brandon v. District Court of the United States, 444 U.S. 1 (1979).
We also note that there is no proof of
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