Anderson v. Wilkinson et al
AMENDED CLERK'S JUDGMENT pursuant to Amended Opinion and Order signed by Judge Algenon L. Marbley on 03/06/2009. (cw, )
**AO 450 (Rev. 5/85) Judgment in a Civil Case
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
AMENDED 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 6, 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 sixty (60) days. The Report and Recommendation otherwise is ADOPTED and AFFIRMED. The remainder of petitioner's claims are DISMISSED. Date: March 6, 2009 James Bonini, Clerk s/Betty L. Clark Betty L. Clark/Deputy Clerk
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