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Villa-Rodriguez v. United States

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
Jun 19, 2013
CASE NO. 2:12-CV-261 (S.D. Ohio Jun. 19, 2013)

Opinion

CASE NO. 2:12-CV-261 CRIM. NO. 2:10-CR-225(4)

06-19-2013

GUADALUPE VILLA-RODRIGUEZ, Petitioner, v. UNITED STATES OF AMERICA, Respondent.


JUDGE MARBLEY

MAGISTRATE JUDGE KING


OPINION AND ORDER

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.

_________________

ALGENON L. MARBLEY

United States District Judge


Summaries of

Villa-Rodriguez v. United States

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION
Jun 19, 2013
CASE NO. 2:12-CV-261 (S.D. Ohio Jun. 19, 2013)
Case details for

Villa-Rodriguez v. United States

Case Details

Full title:GUADALUPE VILLA-RODRIGUEZ, Petitioner, v. UNITED STATES OF AMERICA…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Jun 19, 2013

Citations

CASE NO. 2:12-CV-261 (S.D. Ohio Jun. 19, 2013)