United States District Court, N.D. Ohio, Western Division
Willie J. Rogers, Petitioner,
LaShann Eppinger, Warden, et al., Respondents.
MEMORANDUM OPINION AND ORDER
JEFFREY J. HELMICK, UNITED STATES DISTRICT JUDGE
J. Rogers, an inmate in the custody of the Ohio Department of
Rehabilitation and Correction, seeks a writ of habeas corpus
pursuant to 22 U.S.C. § 2254. (Doc. No. 1). Magistrate
Judge David A. Ruiz reviewed the petition as well as related
briefing pursuant to Local Rule 72.2(b)(2) and recommends I
dismiss the petition in part and deny it in part. (Doc. No.
38). Rogers has submitted objections to Judge Ruiz's
Report and Recommendation. (Doc. No. 41). Judge Ruiz
recommends I dismiss part of Rogers' petition as a second
or successive attempt to challenge a warrant issued by the
State of Ohio to revoke his parole, and deny the remainder of
his petition as procedurally defaulted. For the reasons
stated below, I overrule Rogers' objections and dismiss
his petition in part and deny it in part.
1983, Rogers was convicted of two counts of kidnapping and
three counts of gross sexual imposition. He later was
convicted of the offense of child stealing in a separate
case. His convictions were upheld on appeal, though the state
appellate court remanded the case to the trial court to amend
his sentence. Following remand, Rogers was sentenced to a
term of 15 to 65 years in prison.
1992, Rogers applied for parole. His application was
approved, as was his request that his parole supervision be
transferred to the State of California upon his release from
custody. At the same time, he also was transferred to the
custody of the Maricopa County, Arizona Sheriff's
Department to serve a sentence in Arizona. Rogers
subsequently was released from prison in Arizona in February
1997, but he did not report to his parole officer.
2003, Rogers was convicted of several offenses, including
assault with a deadly weapon, in a California state court and
was sentenced to prison. The State of Ohio later learned
Rogers was in custody in California and, on July 12, 2013,
issued a warrant and detainer request to the California
Department of Corrections and Rehabilitation.
13, 2014, Rogers filed a habeas petition under § 2254
challenging the detainer. Judge Gregory Frost, a district
judge on the United States District Court for the Southern
District of Ohio, denied Rogers' petition, and the Sixth
Circuit Court of Appeals denied Rogers' request for a
certificate of appealability.
was returned to the custody of the Ohio Department of
Rehabilitation and Correction (“ODRC”) on July
30, 2015, after completing his sentence in California.
Rogers' parole was revoked following an August 19, 2015
hearing before a hearing officer with the Ohio Adult Parole
Authority; the hearing officer also recommended Rogers serve
at least 24 months of his sentence before being considered
again for parole. The ODRC subsequently recalculated the date
on which Rogers would have served his maximum sentence, to
account for a total of 4, 380 days of “lost
time.” (Doc. No. 16-2 at 5).
filed a habeas petition in the Lorain County, Ohio Court of
Common Pleas. That court granted Respondent's motion for
summary judgment on January 19, 2016, after Rogers failed to
respond to that motion. Rogers appealed the trial court's
decision, but his appeal was dismissed because he failed to
comply with the requirement of Ohio Revised Code §
2969.25(C), which required Rogers to submit a motion to waive
the full filing fee and an affidavit of indigency, including
a statement of the balance of his inmate account. (Doc. No.
16-2 at 157). The Supreme Court of Ohio denied jurisdiction
of Rogers' appeal on July 27, 2016.
filed his habeas petition in this Court on August 10, 2016,
asserting ten grounds for relief:
GROUND ONE: Unconstitutional [extradition] in
violation of both state and federal [extradition] laws
Supporting Facts: Governor John R. Kasich
unconstitutionally, unlawfully and illegally [extradited]
(kidnapped by deception of perjurious-lies and fraud)
Petitioner, a California parolee from California in the
absence of any legitimate “probable cause” under
the ruse of charging Petitioner in violation of some ancient
unverified, uncertified decades past release supervision
terms; not found as extradictable (sic) crimes under either
state or federal [extradition] laws.
GROUND TWO: Due process “waiver” of
jurisdiction by operation of law, due to the grant of parole
under “special [conditions]” to the sovereign
state of Arizona only!
Supporting Facts: Respondents waive, [relinquished]
and ‘[forfeited]' their statutory jurisdiction
“custody” (O.R.C. 2967.02(C)(D)[)] over
Petitioner after paroling him 23 years ago under
“special conditions” to his detainer (the
sovereign state of Arizona only![)]; with no caveat of
intentions/due process advisement of retention of custody;
over Petitioner upon the completion of his Arizona
sentence/parole obligation. [W]hereupon Arizona [DOC]
cancelled its agreement with [O]hio on 12-11-92: and granted
Petitioner a certificate of completion on or about 5-22-98.;
[O]ther than petitioner[‘s] dozen or so call to OAPA
Interstate Compact Officer who very politely advised him
“they” had nothing on him, that Arizona was
responsible for him and that he need not call anymore.
Petitioner heard absolutely nothing from [R]espondents until
GROUND THREE: Federal and state due process estoppel
due to the prejudicial passage of time (15 years); witnesses
unavailable or dead.
Supporting Facts: Respondents irreparably prejudiced
Petitioner's defense and are in due process
“estoppel by the prejudicial passage of time (15 years)
of their criminal misconduct from pursuing/prosecuting a
so-called ancient release [supervision] violation; because in
RICO conspiracy, Respondents maliciously, vindictively,
deliberately and inexcusably “waited” 15 and 10
years after their alleged 5-22-98 and 8-1-03 dated release
supervision terms violation; even before filing their first
state tolling (PAL) warrant detainer on 7-12-13 and also in
criminal mischief back dated the violations to ...