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VILLA-RODRIGUEZ v. U.S., 2:10-CR-225(4). (2013)

Court: District Court, S.D. Ohio Number: infdco20130620e24 Visitors: 3
Filed: Jun. 19, 2013
Latest Update: Jun. 19, 2013
Summary: OPINION AND ORDER ALGENON L. MARBLEY, District Judge. On May 14, 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. 185. The Magistrate Judge further recommended that the remainder of Petitioner's cla
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OPINION AND ORDER

ALGENON L. MARBLEY, District Judge.

On May 14, 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. 185. The Magistrate Judge further recommended that the remainder of Petitioner's claims be dismissed. Id. Petitioner has filed objections to that recommendation. Objection, Doc. No. 189.

Petitioner specifically, objects to the recommendation that certain claims be dismissed. He contends that the Court should conduct an evidentiary hearing on all his claims.

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, Doc. No. 189, is OVERRULED. The Report and Recommendation Doc. No. 185, 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 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. The remainder of Petitioner's claims are hereby DISMISSED.

IT IS SO ORDERED.

Source:  Leagle

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