Galvin-Garcia v. USA

Filing 2

OPINION AND ORDER. Signed by Judge Algenon L. Marbley on June 10, 2013. (bc1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
AUGUSTIN GALVIN-GARCIA, JR.,
CASE NO. 2:12-CV-261
CRIM. NO. 2:10-CR-225(3)
JUDGE MARBLEY
MAGISTRATE JUDGE KING

Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

OPINION AND ORDER

On June 3, 2013, the Magistrate Judge recommended that the Court hold an evidentiary
hearing on Petitioner's claim that he was denied the effective assistance of counsel because his
attorney failed to file an appeal after being requested to do so and failed to consult with
Petitioner regarding the filing of an appeal. Report and Recommendation, Doc. No. 184. The
Magistrate Judge further recommended that the remainder of Petitioner's claims be dismissed.
Petitioner has filed objections to the Magistrate Judge's Report and Recommendation.
Objection, Doc. No. 188.

Petitioner objects to the Magistrate Judge's recommendation that certain claims be
dismissed; he contends that the Court should conduct an evidentiary hearing on these claims.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), this Court has conducted a de
novo review.

For the reasons already detailed in the Magistrate Judge's Report and

Recommendation, Petitioner's Objection, Doc. No. 188, is OVERRULED. The Report and
Recommendation, Doc. No. 184, is ADOPTED and AFFIRMED. Counsel shall be appointed

to represent Petitioner at an evidentiary hearing before the Magistrate Judge on Petitioner's claim
that he was denied effective assistance of counsel because his attorney failed to file an appeal

after being requested to do so and failed to consult with Petitioner regarding the filing of an
appeal. The remainder of Petitioner's claims are hereby DISMISSED.
IT IS SO ORDERED.

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