Matthew Gunner v. Robert Welch

Filing

OPINION and JUDGMENT filed: The district court's dismissal of the petition for a writ of habeas corpus is REVERSED, and the case is REMANDED for consideration of the petition on the merits. Decision for publication. Karen Nelson Moore and Richard Allen Griffin, Circuit Judges; Edward R. Korman, U.S. District Judge for the Eastern District of New York, sitting by designation.

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Case: 13-3396 Document: 34-1 Filed: 04/17/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: April 17, 2014 Mr. Gene D. Park Office of the Ohio Attorney General 150 E. Gay Street, 16th Floor Columbus, OH 43215 Mr. John F. Potts 405 Madison Avenue Suite 1010 National City Bank Building Toledo, OH 43604 Re: Case No. 13-3396, Matthew Gunner v. Robert Welch Originating Case No. : 3:09-cv-03009 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Geri M. Smith Enclosures Mandate to issue.

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