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: 34-3 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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