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MADSEN v. McFAUL

No. 1:08 CV 202.

643 F.Supp.2d 962 (2009)

Joshua A. MADSEN, Petitioner, v. Gerald T. McFAUL, Respondent.

United States District Court, N.D. Ohio, Western Division.

August 13, 2009.

Attorney(s) appearing for the Case

Alan C. Rossman, Cullen G. Sweeney, Office of the Federal Public Defender, Cleveland, OH, for Petitioner.

Jon W. Oebker, Matthew E. Meyer, Office of the Prosecuting Attorney, Cleveland, OH, for Respondent.

MEMORANDUM OPINION AND ORDER

JACK ZOUHARY, District Judge.

INTRODUCTION

Petitioner Joshua Madsen, a prisoner in state custody, filed a Petition for a Writ of Habeas Corpus (Doc. No. 1). The case was referred to United States Magistrate Judge Vernelis Armstrong for a Report and Recommendation (R & R) pursuant to Local Rule 72.2(b)(2). The Magistrate recommended the Court grant the Petition (Doc. No. 11).

The State filed an Objection...

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