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.

Thomas v. Warden, Madison Correctional Institution

United States District Court, S.D. Ohio, Western Division, Cincinnati

January 17, 2018

WINSTON THOMAS, Petitioner,
v.
Warden, Madison Correctional Institution Respondent.

          Timothy S. Black District Judge.

          REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS

          MICHAEL R. MERZ, UNITED STATES MAGISTRATE JUDGE.

         This 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 has expired.

         Mr. Thomas pleads two grounds for relief:

Ground One: Denied absolute right to procedural due process under 14th Amendment, U.S. Constitution.
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 was established.
Ground Two: Denial of absolute right to procedural due process under 14th Amendment U.S. Constitution.
Supporting Facts: Petitioner was illegally extradited for Ohio from State of Pennsylvania without a governor's warrant being secured and executed.

(Petition, [1] ECF No. 1, PageID 6-7.)

         The 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.

         Procedural History

         The 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.

         The 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 ...


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.