Smith v. Wolfe

Full title: TRAVIS A. SMITH, Petitioner, v. JEFFERY WOLFE, Warden, Respondent

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

Date published: Aug 3, 2006

Case No. 2:04-cv-1010 (S.D. Ohio Aug. 3, 2006)

Opinion

Case No. 2:04-cv-1010.

August 3, 2006

OPINION AND ORDER

EDMUND SARGUS JR., District Judge

On May 30, 2006, all of petitioner's claims, with the exception of claim three, were dismissed. Doc. No. 37. On June 26, 2006, the Magistrate Judge issued a Report and Recommendation recommending that petitioner be appointed counsel and that an evidentiary hearing be held on the issue of whether petitioner was advised of or knew about his right to appeal his guilty plea. Doc. No. 39.

Although the parties were specifically informed of their right to object to the Report and Recommendation, and of the consequences of their failure to do so, there has nevertheless been no objection to the Report and Recommendation.

The Report and Recommendation is hereby ADOPTED AND AFFIRMED. Petitioner is to be appointed counsel for an evidentiary hearing on claim three.

IT IS SO ORDERED.