Hughley v. Duffey

Filing 78

Amendment to Memorandum Opinion and Order affirming dismissal of Petition. Judge Jack Zouhary on 8/4/10. (B,CJ)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Kevin Hughley, Petitioner, -vsRobert Reid, Defendant. Case No. 1:09 CV 1828 AMENDMENT TO MEMORANDUM OPINION AND ORDER JUDGE JACK ZOUHARY This Court recently adopted Magistrate Greg White's recommendation (Doc. No. 73) to dismiss Petitioner Kevin Hughley's Petition for Writ of Habeas Corpus. In its Memorandum Opinion and Order, this Court addressed whether Petitioner had adequately waived counsel at his resentencing hearing (Doc. No. 75, pp. 6-8). In the event it is unclear, this Court agrees with the Magistrate's conclusion that any claim for inadequate waiver of trial counsel is procedurally defaulted (Doc. No. 73, p. 18). This Court affirms its dismissal of the Petition. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE August 4, 2010

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