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DEVINE v. TIBBALS

Case No. 1:11 CV 00347.

Darren Devine, Petitioner, v. Terry Tibbals, Warden, Respondent.

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

March 9, 2012.

Attorney(s) appearing for the Case

Darren Devine, Petitioner, Pro Se.

Keith Smith, Respondent, represented by William H. Lamb , Office of the Attorney General — Cincinnati.

MEMORANDUM OPINION ORDER

JACK ZOUHARY, District Judge.

This Court has reviewed the Report and Recommendation ("R&R") of the Magistrate Judge filed February 21, 2012 (Doc. No. 11). The R&R recommends this Court deny the Petition because the state appellate court reasonably found no factual basis exists for Petitioner Darren Devine's assertion that his counsel was unprepared, and because the trial court conducted a plea colloquy...

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