Emilio-Medina v. U.S., 2:17-cv-1066/2:16-cr-17. (2018)
Court: United States Bankruptcy Court, S.D. Ohio
Number: infdco20180830873
Visitors: 10
Filed: Aug. 17, 2018
Latest Update: Aug. 17, 2018
Summary: ORDER MICHAEL H. WATSON , Magistrate Judge . On July 20, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that Petitioner's motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 be GRANTED on his claim that he was denied the effective assistance of counsel due to his attorney's failure to file an appeal after being directed to do so, and that the final judgment in this case be VACATED and REINSTATED so that counsel can file a timely
Summary: ORDER MICHAEL H. WATSON , Magistrate Judge . On July 20, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that Petitioner's motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255 be GRANTED on his claim that he was denied the effective assistance of counsel due to his attorney's failure to file an appeal after being directed to do so, and that the final judgment in this case be VACATED and REINSTATED so that counsel can file a timely ..
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ORDER
MICHAEL H. WATSON, Magistrate Judge.
On July 20, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that Petitioner's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 be GRANTED on his claim that he was denied the effective assistance of counsel due to his attorney's failure to file an appeal after being directed to do so, and that the final judgment in this case be VACATED and REINSTATED so that counsel can file a timely appeal on his behalf. ECF No. 436.
Although the parties were explicitly advised of the right to object to the R&R, and of the consequences of failing to do so, no objections have been filed.
The R&R is, therefore, ADOPTED and AFFIRMED. ECF No. 436. Petitioner's § 2255 motion is GRANTED on his claim that he was denied the effective assistance of counsel. ECF No. 407. Entry of final judgment is hereby VACATED. ECF No. 354. The Clerk is DIRECTED to enter a new judgment so that Petitioner's appointed counsel can file a timely appeal on his behalf.
IT IS SO ORDERED.
Source: Leagle
