Anderson v. Wilkinson et al, No. 2:2005cv01089 - Document 49 (S.D. Ohio 2009)

Court Description: AMENDED CLERK'S JUDGMENT pursuant to Amended Opinion and Order signed by Judge Algenon L. Marbley on 03/06/2009. (cw, )
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Anderson v. Wilkinson et al Doc. 49 **AO 450 (Rev. 5/85) Judgment in a Civil Case UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO AMENDED JUDGMENT IN A CIVIL CASE EUGENE ANDERSON, Petitioner, CASE NO. 2:05-cv-1089 JUDGE MARBLEY MAGISTRATE JUDGE KEMP v. THOMAS McBRIDE, Warden, REGINALD WILKINSON, et al., Respondents. [] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. [] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. [X] Decision by Court. This action was decided by the Court without a trial or hearing. IT IS ORDERED AND ADJUDGED That pursuant to the March 6, 2009 Order, petitioner’s objections are SUSTAINED. The petition for a writ of habeas corpus conditionally is granted on petitioner’s claim that his sentence violates Blakely. Petitioner’s sentence is VACATED. The State must release petitioner or re-sentence him within sixty (60) days. The Report and Recommendation otherwise is ADOPTED and AFFIRMED. The remainder of petitioner’s claims are DISMISSED. Date: March 6, 2009 James Bonini, Clerk s/Betty L. Clark Betty L. Clark/Deputy Clerk