United States District Court, N.D. Ohio, Eastern Division
DAN AARON POLSTER
ORDER ADOPTING REPORT AND RECOMMENDATION
AARON POLSTER, UNITED STATES DISTRICT JUDGE
the Court are Petitioner Carrington's Petition under 28
U.S.C. § 2254 For Writ of Habeas Corpus by a Person in
State Custody (the “Petition”), Doc #: 1, and the
Report and Recommendation (the “R & R”) of
Magistrate Judge William H. Baughman, Jr., Doc #: 11. For the
reasons discussed herein, the R & R is adopted in full
and the Petition is dismissed.
January 22, 2016, Carrington filed his Petition pursuant to
28 U.S.C. § 2254. Doc #: 1. Carrington asserted relief
on three grounds:
Pursuant to the Fourteenth Amendment of the United States
Constitution, in making a Defendants [Due Process] rights
meaningful, a sentencing court must assure itself that the
information upon which it relies when fixing sentence is
reliable and accurate before imposing consecutive sentencing
that is contrary to law using the statutory guidelines of
R.C. § 2929.14(C)(4).
. . .
The Equal Protection under Article I, Section 10 of the Ohio
Constitution and the XIV Amendment to the United States
Constitution places an affirmative duty on the trial court to
make a finding regarding any inaccuracies in a PSI report it
admits was wrong R.C. § 2951.03(B)(5) not justifying the
court”s error of that law as an expression of the
court”s frustration over identified errors. R.C. §
. . .
Due process of law protected under Article I, Section 10 of
the Ohio Constitution warrants a trial court's compliance
with a CRIM.R. 11(C) statute, where a trial court must make
certain advisement's prior to accepting a defendant's
guilty plea in order to ensure that the plea is knowingly,
intelligent, and voluntary.
Petition 4, 8, 11 (errors in original) (some brackets in
original). On March 21, 2017, Magistrate Judge Baughman
issued the R & R recommending that the Court dismiss the
Petition. Specifically, Magistrate Judge Baughman recommended
that Grounds One and Two be dismissed as noncognizable,
Ground Three be dismissed as procedurally ...