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.
Case: 13-3396
Document: 34-3
Filed: 04/17/2014
Page: 1
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 13-3396
FILED
Apr 17, 2014
MATTHEW E. GUNNER,
Petitioner - Appellant,
DEBORAH S. HUNT, Clerk
v.
ROBERT WELCH, Warden,
Respondent - Appellee.
Before: MOORE and GRIFFIN, Circuit Judges; KORMAN, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
THIS CAUSE was heard on the record from the district court and was submitted on the
briefs without oral argument.
IN CONSIDERATION WHEREOF, it is ORDERED that 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.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk
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