Schleiger v. Warden, Allen Oakwood Correctional Institution
||Warden, Allen Oakwood Correctional Institution
||July 14, 2015
||US District Court for the Southern District of Ohio
||Michael R. Merz
||Thomas M. Rose
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2254
|Jury Demanded By:
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|September 1, 2017
ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 -Pursuant to 28 U.S.C. Sections 2241 and 2254, it is hereby ORDERED that Respondent release Petitioner from custody unless the Twelfth District Court of Appeals reopens Mr. Schleiger'sdirect appeal and appoints counsel to represent him in that appeal not later than December 1, 2017. The Clerk shall serve a certified copy of this Order on the Presiding Judge of the Ohio Twelfth District Court of Appeals at 1001 Reinartz Blvd., Middletown, Ohio 45042, by certified mail with a return receipt requested. Signed by Judge Thomas M. Rose on 9-1-2017. (de)
|July 20, 2017
REPORT AND RECOMMENDATIONS - The failure of the Twelfth District to appoint new counsel for Mr. Schleiger once it found plain error was contrary to the decision in Penson. Because Mr. Schleiger was deprived of his right to appellate counsel, it is respectfully recommended that the Court issue a writ of habeas corpus commanding Mr. Schleiger's release unless his appeal is reopened and he is appointed counsel to argue the appeal within ninety days of the date the judgment in this case becomes final. Objections to R&R due by 8/3/2017. Signed by Magistrate Judge Michael R. Merz on 7/20/2017. (kpf)
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