Opinion
Case No. 1:15 CV 298
03-07-2017
Eric Wells, Petitioner, v. Christopher LaRose, Warden, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
This Court has reviewed the Magistrate Judge's Report and Recommendation ("R&R") ( Doc. 24) dismissing Petitioner's Writ of Habeas Corpus. Petitioner filed Objections (Doc. 27).
Petitioner had two underlying state cases. With respect to Case No. CR-09-525073, Petitioner appears to object that: (1) his Petition is not barred by the applicable statute of limitations (Doc. 27 at 4); (2) his arguments are not procedurally barred (id. at 7); and (3) he need not be in custody pursuant to a state conviction when his Petition is filed (id. 27 at 9). With respect to Case No. CR-10-536779, Petitioner appears to object that: (1) he was denied his constitutional rights to due process and a fair, open, and speedy trial (id. at 16-26); and (2) he had ineffective assistance of counsel (id. at 21-22). The bulk of his arguments appear to rely on the notion that the trial court lacked subject-matter jurisdiction over him and, thus, his sentences are void (see id. at 5-11, 17, 20, 22).
These objections raise no new arguments that were not previously, and correctly, addressed by the Magistrate Judge (see Doc. 24 at 15-17). Moreover, they fail to adequately address the reasons for dismissal identified in the R&R. The R&R accurately states the facts and law, and this Court adopts the R&R in full. The Petition for Writ of Habeas Corpus (Doc. 1) is dismissed.
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U. S. DISTRICT JUDGE
March 7, 2017