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Stanley v. Miller

United States District Court, N.D. Ohio, Western Division

February 20, 2018

Steven L. Stanley, Petitioner
Michelle Miller, Warden, Respondent



         I. Introduction

         Before me are: (1) Magistrate Judge George J. Limbert's Report and Recommendation (Doc. No. 30); (2) Respondent's objections to the R & R (Doc. No. 31); (3) Petitioner's pro se objections to the R & R (Doc. No. 39); (4) Respondent's response to Petitioner's pro se objections (Doc. No. 42); (5) Petitioner's supplemental objections to the R & R, filed with the assistance of appointed counsel (Doc. No. 55); and (6) Respondent's response to the supplemental objections. (Doc. No. 56).

         During the time the R & R has been pending, Stanley has also filed the following four motions: (1) motion to amend the petition (Doc. No. 37), to which Respondent responded (Doc. No. 40); (2) motion for protective petition for stay and abeyance (Doc. No. 38), opposed by Respondent (Doc. No. 41); (3) motion for consideration for grant of protective petition (Doc. No. 43), with opposition by Respondent (Doc. No. 44) and reply by Petitioner (Doc. No. 45); and (4) motion to take judicial notice (Doc. No. 47), with opposition by Respondent (Doc. No. 48) and reply by Petitioner. (Doc. No. 49). I will address these motions along with Petitioner's and Respondent's objections to the R & R, in turn.

         II. Background

         After reviewing the state court record, I find Magistrate Judge Limbert accurately and comprehensively set forth the factual background and procedural history of this case, and I adopt those sections of the R & R, in full.[1] (Doc. No. 30 at 1-7).

         Briefly, in 1996, Stanley pled guilty to two counts of kidnapping, two counts of illegal possession of firearms in liquor permit premises, and one count of having weapons while under disability. (Doc. No. 22-1 at 3-6). He was sentenced to an indeterminate term of seven to fifteen years of incarceration. Id. After serving 128 months, Stanley was released on parole in 2003. Id. at 7-12. But, because he wanted to “max out” his sentence, Stanley refused to sign the Certificate of Parole. Id. Almost immediately after his release, he was considered to be a parole violator-at-large when he failed to report to the halfway house, violating one of the conditions of parole. Id. at 18-21.

         Instead of reporting to the halfway house in Ohio, Stanley moved to the state of Oregon to live with family. (Doc. No. 55 at 3). For approximately nine years, Stanley lived in Oregon without interference by the Ohio Parole Authority, who initially claimed it had no knowledge of Stanley's whereabouts but later determined that there had been communication with Stanley in 2009. (Doc. No. 22-1 at 24-25, 40). The Ohio Parole Authority did not serve Stanley with reporting instructions to report to the Akron District Office until July 2012, when he was arrested in Oregon. Id. But upon his release from custody in Oregon, he failed to comply with the reporting instructions and was again considered a parole violator-at-large. Id. at 25-26. Stanley did not return to Ohio until September 2014, after he was arrested again in Oregon in May 2014. Id. at 40-43. After a hearing in January 2015, his parole was revoked and he was placed in the custody of Belmont Correctional Institution. Id. at 40-50.

         Stanley petitioned the state for a writ of habeas corpus claiming, among other things, that the Ohio Parole Authority knew of his location and unreasonably delayed executing the warrant and extradition process. Id. at 78-106. He also asserted that the parole revocation hearing itself was unreasonably delayed and that his counsel at the revocation hearing was ineffective. Id. But the trial court granted the state's motion for summary judgment and dismissed the case. Id. at 228. Stanley did not file a notice of appeal.

         On July 24, 2015, Stanley filed the § 2254 habeas petition currently before me. (Doc. No. 1).

         In the petition, he asserted the following grounds for relief:

GROUND ONE: Due Process violation
Supporting Facts: Eleven year delay in Ohio issuing, executing their warrant and in the extradition of petitioner which he claims was an “unreasonable delay” and violated his due process rights under Fourteenth Amendment.
GROUND TWO: Unreasonable Delay (Holding Revocation Hearing)
Supporting Facts: A parolee has certain constitutional rights before a parole can be revoked and one such right is that a “revocation hearing must be tendered within a reasonable time after a parolee is taken into custody.” Morrissey v. Brewer (1972), 408 U.S. 471, 488, 92 S.Ct. 2593, 2603-2604, 33 L.Ed. 484, 498; (other citations omitted).
GROUND THREE: (Ineffective Assistance of Counsel, Revocation)
Supporting Facts: “Mr. Griffon, the assigned/appointed by defendant OAPA's institutional Public Defender, by refusing to carry out his client's wishes and function as an ‘active advocate', cannot foreclose review of non-frivolous constitutional claims and failure to do so “must constitute ‘cause and prejudice' for any resulting default.” Jones, 103 S.Ct. ...

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