United States District Court, S.D. Ohio, Western Division, Cincinnati
Timothy S. Black District Judge.
REPORT AND RECOMMENDATIONS ON MOTION TO
MICHAEL R. MERZ, UNITED STATES MAGISTRATE JUDGE.
habeas corpus case under 28 U.S.C. § 2254 is before the
Court on Respondent's Motion to Dismiss (ECF No. 6) which
Petitioner opposes (ECF No. 7). Respondent has filed the
State Court Record (ECF No. 5), but has filed no reply in
support of the Motion to Dismiss, and the time for doing so
Thomas pleads two grounds for relief:
Ground One: Denied absolute right to
procedural due process under 14th Amendment, U.S.
Supporting Facts:Petitioner, while a federal
prisoner in Mashannon Valley Correctional Center in the state
of Pennsylvania was illegally extradited to State of Ohio
without a final extradition hearing where his true identity
Ground Two: Denial of absolute right to
procedural due process under 14th Amendment U.S.
Supporting Facts: Petitioner was illegally
extradited for Ohio from State of Pennsylvania without a
governor's warrant being secured and executed.
(Petition,  ECF No. 1, PageID 6-7.)
Respondent seeks dismissal on grounds the Petition does not
state a claim cognizable in habeas corpus, that it is barred
by Petitioner's procedural default in presenting the
claims to the Ohio courts, and also that it is barred by the
statute of limitations. Because Mr. Thomas's claims are
procedurally defaulted and time-barred, the Court need not
reach the more difficult questions of cognizability.
events giving rise to Mr. Thomas's conviction occurred on
October 9, 2007, when a van in which he had traveled to Ohio
from Boston was stopped on Interstate 71 and found to be
carrying 313 pounds of marijuana. He was indicted by a Warren
County grand jury on drug charges, but fled the jurisdiction
after his motion to suppress was denied. At some later point
in time he was convicted on federal charges and sentenced to
thirty-seven months imprisonment which the Federal Bureau of
Prisons designated to be served at the Mashannon Valley
Correctional Center in Pennsylvania. Ohio lodged a detainer
against him with the federal authorities and took custody of
him on April 18, 2012, transporting him back to Warren County
to stand trial.
case was in fact tried to a jury which convicted Thomas on
the drug charges. He was then sentenced to six years
confinement. He appealed to the Twelfth District Court of
Appeals which affirmed the conviction and sentence. State
v. Thomas, Case No. CA202-10-096, 2013- Ohio-3411, 2013
Ohio App. LEXIS 3501, 2013 WL 3982655 (12th Dist.
Aug. 5, 2013). Thomas took no appeal to the Ohio Supreme
Court, but filed an original petition in habeas corpus in
that court July 13, 2015 (State Court Record, ECF No. 5,
PageID 352, et seq.) After the Ohio Supreme Court
dismissed that petition, Thomas filed a habeas corpus
petition in the Twelfth District on April 18, 2016.
Id. at PageID 363, et seq. After the
Twelfth District dismissed that petition in June 2016, Thomas
did appeal to the Ohio Supreme Court which ...