Anderson v. Wilkinson et al

Filing 47

CLERK'S JUDGMENT entered pursuant to Order signed by Judge Algenon L. Marbley on 03/04/2009. (cw, )

**AO 450 (Rev. 5/85) Judgment in a Civil Case

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO

JUDGMENT IN A CIVIL CASE
EUGENE ANDERSON, Petitioner, v. THOMAS McBRIDE, Warden, REGINALD WILKINSON, et al., Respondents. [] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. [] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. [X] Decision by Court. This action was decided by the Court without a trial or hearing. CASE NO. 2:05-cv-1089 JUDGE MARBLEY MAGISTRATE JUDGE KEMP

IT IS ORDERED AND ADJUDGED That pursuant to the March 4, 2009 Order, petitioner's objections are SUSTAINED. The petition for a writ of habeas corpus conditionally is granted on petitioner's claim that his sentence violates Blakely. Petitioner's sentence is VACATED. The State must release petitioner or re-sentence him within thirty (30) days. The Report and Recommendation otherwise is ADOPTED and AFFIRMED. The remainder of petitioner's claims are DISMISSED. Date: March 4, 2009 James Bonini, Clerk s/Betty L. Clark Betty L. Clark/Deputy Clerk