Barbour v. Sheets

Full title: BERNARD BARBOUR, Petitioner, v. MICHAEL SHEETS, Warden, Respondent

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Jun 24, 2010

CASE NO. 2:08-cv-1187 (S.D. Ohio Jun. 24, 2010)

Opinion

CASE NO. 2:08-cv-1187.

June 24, 2010

OPINION AND ORDER

JOHN HOLSCHUH, Senior District Judge

On May 11, 2010, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. Petitioner again argues that he was denied the effective assistance of counsel because his attorney failed to file a motion to dismiss on speedy trial grounds and failed to call witnesses on his behalf.

Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. To the extent that petitioner now contends that he was denied his constitutional right to a speedy trial, and that his attorney improperly failed to file a motion to dismiss the charges on this basis, petitioner failed to present this claim to the state courts, and he has thereby waived his claim for federal habeas corpus review. See Exhibits 16, 34 to Return of Writ; Maupin v. Smith, 785 F.2d 135, 138 (6^th Cir. 1986). Further, for the reasons detailed in the Magistrate Judge's Report and Recommendation, this Court likewise concludes that petitioner's claim is waived and without merit.

Therefore, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.

IT IS SO ORDERED.