United States District Court, N.D. Ohio, Eastern Division
Kathleen Burke Magistrate Judge.
C. NUGENT JUDGE
matter is before the Court upon the Report and Recommendation
of Magistrate Judge Kathleen B. Burke. The Magistrate Judge
recommends that the Petition for Writ of Habeas Corpus filed
pursuant to 28 U.S.C. § 2254 by Petitioner, Darnell
Lewis (Docket #1) be DISMISSED.
and Procedural History
forth by the Magistrate Judge, the factual and procedural
history of this case is as follows;
state courts did not recite the facts that gave rise to the
charges against Lewis. For context, the undersigned provides
this brief summary that was presented by Respondent in her
On March 10, 2009, the Cuyahoga Count}' Grand Jury
indicted Darnell Lewis for Aggravated Murder for shooting
Alan Kropog following a dispute over $7.00. In a separate
case, the grand jury indicted Lewis for the Attempted Murder
of Lawrence Hill, and for Felonious Assault, Aggravated
Robbery, Kidnapping, and Carrying a Concealed Weapon.
Doc. 8, p. 2; see also Doc. 8-1, p. 107 (state's
opposition brief to Lewis's appeal to the Ohio Supreme
State Trial Court
March 10, 2009, a Cuyahoga Count)' Court of Common Pleas
Grand Jury indicted Lewis for criminal activities against
Lawrence Hill occurring on or about December 6, 2008, to wit:
one count of attempted murder, R.C. §
2923.02/2903.02(A), two counts of felonious assault, R.C.
§ 2903.11(A)(1) and (2), two counts of aggravated
robber)', § 2911.01(A)(1) and (3), one count of
kidnapping, § 2905.01(A)(2), all with 1 and 3-year
firearm specifications, and one count of carrying a concealed
weapon, § 2923.12(A)(2). Doc. 8-1, pp. 3-8 (Case No.
CR-09-521342). For criminal activities against Alan Kropog
occurring on or about December 16, 2008, the Grand Jury, in a
separate case, indicted Lewis on two counts of aggravated
murder, § 2903.01(A) and (B), two counts of aggravated
robbery, § 2911.01(A)(1) and (3), each with 1 and 3-year
firearm specifications, and one count of having weapons under
disability, § 2923.123(A)(2). Doc. 8-1, pp. 8-13 (Case
No. CR-09-521856). Lewis, through appointed counsel, pleaded
not guilty to all charges. Doc. 8-1, pp. 14-15.
3, 2009, Lewis, through counsel, withdrew his not guilty
pleas in both cases and pleaded guilty to attempted murder
and the 3-year firearm specification in Case No. 531342 and,
in Case No. 521856, murder, the 3-year firearm
specifications, and a forfeiture specification. Doc. 8-1, pp.
16-17. The state agreed to dismiss the remaining counts.
entry filed July 6, 2009, the trial court sentenced Lewis in
Case No. 521342 to 8 years for attempted murder and 3 years
for the firearm specification, to be run consecutively for a
total of 11 years; and in Case No. 21856, 15 years to life
for murder and 3 years for the firearm specification, to be
run consecutively for a total of 18 years to life; and these
sentences to be served ...