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NOLAND v. HURLEY

No. 2:05-cv-682.

523 F.Supp.2d 659 (2007)

Dennis NOLAND, Petitioner, v. Pat HURLEY, Warden, Respondent.

United States District Court, S.D. Ohio, Eastern Division.

October 18, 2007.

Attorney(s) appearing for the Case

Dennis Noland, Caldwell, OH, Pro se.

Jerri Lynne Fosnaught, Office of the Ohio Attorney General, Columbus, OH, for Respondent.

OPINION AND ORDER

MICHAEL H. WATSON, District Judge.

On January 17, 2007, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas pursuant to 28 U.S.C. § 2254 conditionally be granted on petitioner's claim that his sentence violated Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and that petitioner's sentence...

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