Wells v. LaRose

Filing 28

Order Adopting 24 Report and Recommendation. Judge Jack Zouhary on 3/7/2017. (D,L)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Eric Wells, Case No. 1:15 CV 298 Petitioner, ORDER ADOPTING REPORT AND RECOMMENDATION -vsJUDGE JACK ZOUHARY Christopher LaRose, Warden, Respondent. This Court has reviewed the Magistrate Judge’s Report and Recommendation (“R&R”) ( Doc. 24) dismissing Petitioner’s Writ of Habeas Corpus. Petitioner filed Objections (Doc. 27). Petitioner had two underlying state cases. With respect to Case No. CR-09-525073, Petitioner appears to object that: (1) his Petition is not barred by the applicable statute of limitations (Doc. 27 at 4); (2) his arguments are not procedurally barred (id. at 7); and (3) he need not be in custody pursuant to a state conviction when his Petition is filed (id. 27 at 9). With respect to Case No. CR-10536779, Petitioner appears to object that: (1) he was denied his constitutional rights to due process and a fair, open, and speedy trial (id. at 16–26); and (2) he had ineffective assistance of counsel (id. at 21–22). The bulk of his arguments appear to rely on the notion that the trial court lacked subjectmatter jurisdiction over him and, thus, his sentences are void (see id. at 5–11, 17, 20, 22). These objections raise no new arguments that were not previously, and correctly, addressed by the Magistrate Judge (see Doc. 24 at 15–17). Moreover, they fail to adequately address the reasons for dismissal identified in the R&R. The R&R accurately states the facts and law, and this Court adopts the R&R in full. The Petition for Writ of Habeas Corpus (Doc. 1) is dismissed. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE March 7, 2017

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