Gilmore v. Sheldon

Gilmore v. Sheldon

Petitioner:	Kevin Gilmore
Respondent:	Ed Sheldon
Case Number:	1:2010cv01794
Filed:	August 13, 2010
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
County:	Cuyahoga
Presiding Judge:	Patricia A. Gaughan
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
November 2, 2012	Filing 11 Memorandum Opinion and Order: the Report and Recommendation of Magistrate Judge Baughman is accepted in part and rejected in part. The Court rejects the Report and Recommendation with respect to ground five of the petition and finds that the state appellate court reasonably determined that petitioner was not prejudiced by counsel's failure to challenge petitioner's conviction and sentence for a gun specification in connection with his weapons under disability conviction. The Court accepts the Report and Recommendation as to petitioner's remaining claims of ineffective assistance of counsel. The Magistrate Judge correctly found that petitioner's remaining grounds are insufficient to support a writ under Strickland. Accordingly, the pending Petition for a Writ of Habeas Corpus is dismissed. Judge Patricia A. Gaughan on 11/2/12. (LC,S) re 7

Date Filed

Document Text

November 2, 2012

Filing 11 Memorandum Opinion and Order: the Report and Recommendation of Magistrate Judge Baughman is accepted in part and rejected in part. The Court rejects the Report and Recommendation with respect to ground five of the petition and finds that the state appellate court reasonably determined that petitioner was not prejudiced by counsel's failure to challenge petitioner's conviction and sentence for a gun specification in connection with his weapons under disability conviction. The Court accepts the Report and Recommendation as to petitioner's remaining claims of ineffective assistance of counsel. The Magistrate Judge correctly found that petitioner's remaining grounds are insufficient to support a writ under Strickland. Accordingly, the pending Petition for a Writ of Habeas Corpus is dismissed. Judge Patricia A. Gaughan on 11/2/12. (LC,S) re 7

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Petitioner: Kevin Gilmore
Represented By:	Paul A. Mancino, Jr.
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Respondent: Ed Sheldon
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