McFarland v. Shewalter

Filing 16

Order Adopting Report and Recommendation re 14 . Accordingly, the Court OVERRULES Petitioner's Objections (Doc. # 15 ), and ADOPTS the Magistrate Judge's Report and Recommendation (Doc. # 31 ) in full. Consequently, the underlying petition for writ of habeas corpus (Doc. # 1 ) is DENIED. Judge Dan A. Polster(C,KA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

JON M. MCFARLAND,

Petitioner,
vs.
KIMBERLEY CLIPPER, Warden,

Respondent.

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Case No. 1:10-CV-98

Judge Dan Aaron Polster

ORDER

Before the Court is Petitioner Jon M. McFarland’s Objection (Doc. # 15) to Magistrate
Judge George J. Limbert’s Report and Recommendation (Doc # 31). The Magistrate Judge
recommends dismissing Petitioner’s 28 U.S.C. § 2254 habeas corpus petition because of
procedural default and because Petitioner’s claims fail on the merits (Doc. # 1). The Court
agrees with the Magistrate Judge that Petitioner has procedurally defaulted all eight grounds for
relief and that Petitioner’s claims fail on the merits.
Petitioner argues in his Objection that his plea was coerced. He writes, “Petitioner’s plea
was coerced. If it is allowed to stand an innocent man will have been denied his rights and
freedom as guaranteed to him by the 5th, 6th, and 14th Amendments. Moreover, a fundamental
miscarriage of justice will have taken place.” (Doc. # 15 at 15). To the contrary, the transcript
of Petitioner’s plea colloquy shows that he fully understood the nature of the charges and the

consequences of pleading guilty. See McAdoo v. Elo, 365 F.3d 487, 494 (6th Cir. 2004)
(holding that the state satisfied its burden of showing that the plea was intelligent and voluntary
by producing a transcript of the state-court proceedings). Petitioner’s solemn declarations in
open court carry a strong presumption of correctness. Blackledge v. Allison, 431 U.S. 53, 74
(1977). The only way to overcome this strong presumption is by clear and convincing evidence.
McAdoo, 365 F.3d at 494. Petitioner has not provided clear and convincing evidence to rebut
the presumption.
Accordingly, the Court OVERRULES Petitioner’s Objections (Doc. # 15), and
ADOPTS the Magistrate Judge’s Report and Recommendation (Doc. # 31) in full.
Consequently, the underlying petition for writ of habeas corpus (Doc. # 1) is DENIED.
IT IS SO ORDERED.

__/s/Dan Aaron Polster 1/17/12
Dan Aaron Polster
United States District Judge

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