Baker v. Warden, Southern Ohio Correctional Facility, No. 3:2006cv00045 - Document 21 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY - Accordingly, it is hereby ORDERED that:1. The Report and Recommendations filed on July 15, 2009 (Doc. # 20 ) isADOPTED in full; 2. Petitioners Application For Certificate Of Appealability (Doc. # 18 ) is GRANTED, and a Certificat e of Appealability shall issue pursuant to 28 U.S.C. §2253(c) on each of the following issues: A. Whether Petitioner was deprived of his right to the effective assistance of appellate counsel, as guaranteed by the Fourteenth Amendment to the Uni ted States Constitution, based on appellate counsels failure to raise a claim that Petitioners sentence was imposed in contravention of the United States Constitution. B. Whether Petitioners non-minimum and consecutive sentences were imposed in contr avention of the Sixth Amendment to the United States Constitution.2. Petitioners Motion For Leave To Proceed On Appeal In Forma Pauperispursuant to Fed. R. App. P. 24 (Doc. # 17 ) is GRANTED. 3. The case remains terminated on the docket of this Co. Signed by Judge Thomas M Rose on 08/04/09. (phil1, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON KOREY L. BAKER, : Petitioner, : Case No. 3:06cv00045 vs. : 1 EDWIN VOORHIES, Warden, : Southern Ohio Correctional Institution, : Respondent. : District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington DECISION AND ENTRY The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #20), to whom this case was originally referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby adopts said Report and Recommendations. Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on July 15, 2009 (Doc. #20) is ADOPTED in full; 2. Petitioner s Application For Certificate Of Appealability (Doc. #18) is GRANTED, and a Certificate of Appealability shall issue pursuant to 28 U.S.C. §2253(c) on each of the following issues: 1 Phillip Kerns is the current Warden of the Southern Ohio Correctional Institution and is therefore the proper Respondent in this case. See 28 U.S.C. §2242. For docketing continuity, the case caption will remain the same. A. Whether Petitioner was deprived of his right to the effective assistance of appellate counsel, as guaranteed by the Fourteenth Amendment to the United States Constitution, based on appellate counsel s failure to raise a claim that Petitioner s sentence was imposed in contravention of the United States Constitution. B. Whether Petitioner s non-minimum and consecutive sentences were imposed in contravention of the Sixth Amendment to the United States Constitution. 2. Petitioner s Motion For Leave To Proceed On Appeal In Forma Pauperis pursuant to Fed. R. App. P. 24 (Doc. #17) is GRANTED. 3. The case remains terminated on the docket of this Court. August 4, 2009 *S/THOMAS M. ROSE Thomas M. Rose United States District Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.