Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hawkins v. Ross Correctional Institution

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

June 2, 2017

DARTANIAN HAWKINS, Petitioner,
v.
ROSS CORRECTIONAL INSTITUTION, Respondent.

          GEORGE C. SMITH JUDGE

          ORDER AND REPORT AND RECOMMENDATION

          KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE

         Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. As an initial matter, Petitioner filed a motion to proceed in forma pauperis but paid the filing fee. (See Docket, Doc. 2). Consequently, that motion is DENIED as moot.

         This matter is also before the Court on its own motion to consider the sufficiency of the petition pursuant to rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. For the reasons that follow, the Magistrate Judge ORDERS Respondent to show cause as to claim one, and RECOMMENDS that claim two be DISMISSED.

         I.CLAIM ONE (Ineffective Assistance of Counsel)

         The Respondent is DIRECTED to file an answer in response to claim one of the Petition that conforms with the requirements of Rule 5 of the Rules Governing Section 2254 Cases within SIXTY (60) days of the date of the filing of this Order. Specifically, said answer shall respond to the allegations in claim one, raise any affirmative defense relied on by Respondent, and state whether, from Respondent's perspective, claim one is barred by a failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of limitations.

         Before filing the answer, the Respondent shall file those portions of the state court record needed to adjudicate this case. When the record is filed electronically, the Court's CM/ECF filing system will affix a unique PageID number to each page of the record, displayed in the upper right-hand corner of the page. All papers filed in the case thereafter by either party shall include record references to the PageID number. Prior to filing the state court record, the Warden's counsel shall ensure that any borders on parts of the record (typically, court reporter transcripts) do not obscure the PageID number when the page is filed. The record shall be indexed by insertion of “bookmarks” in the .pdf version of the state court record uploaded to the Court's CM/ECF system, which display each exhibit and the name of that exhibit in the record.

         As required by Fed.R.Civ.P. 5, a complete copy of the answer and state court record with the PageID numbers must be served on Petitioner at the time of filing.

         Petitioner may, not later than TWENTY-ONE (21 DAYS) after the answer is filed, file and serve a Traverse to the answer.

         The Clerk is DIRECTED to serve the Petition on Respondent and the Attorney General of Ohio, Habeas Corpus Unit of the Corrections Litigation Section c/o Brian.Higgins@ohioattorneygeneral.gov and Habeas.docketclerk@ohioattorneygeneral.gov.

         II. CLAIM TWO (Manifest Weight of the Evidence)

         Facts and Procedural History

         Petitioner challenges his December 2014 convictions after a jury trial in the Franklin county Court of Common Pleas on aggravated murder, aggravated robbery, and kidnapping. He is currently serving a sentence of life in prison without the possibility of parole. On March 31, 2016, the Ohio Tenth District Court of Appeals affirmed the judgment of the trial court. State v. Hawkins, No. 15AP-35, 2016 WL 1286942 (Ohio Ct. App. 2016). On July 27, 2017, the Ohio Supreme Court declined to accept jurisdiction of the appeal. State v. Hawkins, 146 Ohio St.3d 1473 (Ohio 2016). On May 30, 2017, Petitioner filed the instant ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.