Gilbert v. Warden Southeastern Correctional Institution et al

Filing 4

OPINION AND ORDER adopting Report and Recommendations re 2 Report and Recommendations.. Signed by Judge James L. Graham on 9/13/2016. (ds)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
TYRELLE GILBERT,
Petitioner,

CASE NO. 2:16-CV-00781
JUDGE JAMES L. GRAHAM
Magistrate Judge Kimberly A. Jolson

v.
CCA HALFWAY HOUSE,
Respondent.
OPINION AND ORDER
On August 19, 2016, the Magistrate Judge issued a Report and Recommendation pursuant
to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts
recommending that the instant petition for a writ of habeas corpus be dismissed. (ECF No. 2.)
Petitioner has filed an Objection to the Magistrate Judge’s Report and Recommendation. (ECF
No. 3.)
Petitioner asserts that upon his September 29, 2016, release from prison, the Ohio Adult
Parole Authority unconstitutionally amended his sentence to include three to five years post
release control, forcing him into a halfway house (claim one); and that he was convicted in
violation of Ohio’s speedy trial statutes (claim two). Petitioner also challenges to Ohio’s House
Bill 86 (claims three and four). The Magistrate Judge recommended dismissal of these claims as
barred by the one-year statute of limitations, unexhausted, and as failing to provide a basis for
habeas corpus relief.

Petitioner objects to the Magistrate Judge’s recommendations. Petitioner raises the same
arguments he previously presented. However, Petitioner provides no basis for this Court to grant
him relief.
Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. For the
reasons detailed in the Magistrate Judge’s Report and Recommendation, Petitioner’s Objection
(ECF No. 3) is OVERRULED. The Report and Recommendation (ECF No. 2) is ADOPTED
and AFFIRMED. This action is hereby DISMISSED.
IT IS SO ORDERED.
Date: September 14, 2016
______s/James L. Graham______
JAMES L. GRAHAM
United States District Judge

2