United States District Court, S.D. Ohio, Western Division
JEFFREY D. CARLIER, Petitioner,
WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION, Respondent.
REPORT AND RECOMMENDATION
L. Litkovitz United States Magistrate Judge.
an inmate in state custody at the Chillicothe Correctional
Institution, has filed a pro se petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). This
matter is before the Court on respondent's motion to
dismiss (Doc. 9), to which petitioner has not replied. For
the reasons stated below, the undersigned recommends that the
motion to dismiss be granted and the petition be denied on
the ground that it is time-barred pursuant to 28 U.S.C.
October 29, 2015, the Scioto County, Ohio, grand jury
returned a twenty-nine-count indictment charging petitioner
with twenty-two counts of burglary, four counts of grand
theft, two counts of safecracking, and one count of
possessing criminal tools. (Doc. 8, Ex. 1). After initially
entering a plea of not guilty, petitioner withdrew his former
plea and entered a written guilty plea to the twenty-two
counts of burglary, two counts of safecracking, and one count
each of grand theft and possessing criminal tools. (Doc. 8,
Ex. 2, 3). The prosecution agreed to dismiss the remaining
three charges in exchange for the plea. On July 1, 2016, the
trial court accepted petitioner's guilty plea, found him
guilty, and sentenced petitioner to serve a total aggregate
prison sentence of forty-seven years in the Ohio Department
of Corrections. (Doc. 8, Ex. 4).
November 14, 2016, petitioner filed a pro se notice of appeal
and a motion for leave to file a delayed appeal. (Doc. 8, Ex.
5, 6). As cause for his failure to timely appeal his
conviction and sentence, petitioner claimed that his trial
attorney failed to inform him of his appellate rights.
(See Doc. 8, Ex. 6 at PageID 74). Petitioner's
motion was denied by the Ohio Court of Appeals on January 12,
2017. (Doc. 8, Ex. 7).
did not timely appeal the decision to the Ohio Supreme Court.
Appeal to the Ohio Supreme Court
16, 2017, petitioner filed a pro se notice of appeal and
motion for leave to file a delayed appeal to the Ohio Supreme
Court. (Doc. 8, Ex. 8, 9). On September 13, 2017, the Ohio
Supreme Court denied petitioner's motion and dismissed
the case. (Doc. 8, Ex. 10).
November 28, 2018, petitioner commenced the instant federal
habeas corpus action. Petitioner raises the following two
grounds for relief in the petition:
GROUND ONE: Petitioners In Ohio Have A Right
to Appeal Their Sentence Imposed As A Part Of An "Open
Plea" Agreement, Notice Should Be ...