Hill v. Mason
Decision Date | 18 January 2022 |
Docket Number | 5:19-cv-00597 |
Parties | CHRISTOPHER HILL, pro se, Petitioner, v. BERNADETTE MASON, Respondent. |
Court | U.S. District Court — Northern District of Ohio |
REPORT AND RECOMMENDATION
PetitionerChristopher Hill(“Petitioner” or “Hill”), /?ro se, challenges the constitutionality of his conviction in the case of State v. Hill, Stark County Court of Common PleasCase No 2014-CR-0778.Petitioner filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.(R. 1).RespondentBernadette Mason(“Respondent”) filed her Return of Writ (R. 15).Petitioner filed a traverse (R 17), and Respondent filed a response.(R. 18).This matter is before the undersigned Magistrate Judge pursuant to Local Rule 72.2.For the reasons provided herein, the undersigned recommends that the Petition be dismissed.
Hill's Petition for Writ of Habeas Corpus was docketed as filed on March 18, 2019.[1](R. 1).Hill sets forth his grounds for relief as follows:
(R. 1, PageID# 6, 10 & 11-12).
In a habeas corpus proceeding instituted by a person in custody pursuant to the judgment of a state court, factual determinations made by state courts are presumed correct.28 U.S.C. § 2254(e)(1);see alsoFranklin v. Bradshaw,695 F.3d 439, 447(6th Cir.2012)(“State-court factual findings are presumed correct unless rebutted by clear and convincing evidence.”).The Fifth District Court of Appeals(“state appellate court”) summarized the facts underlying Hill's guilty plea as follows:
State v. Hill, 2015 WL 4899056, 2015-Ohio-3312 at ¶¶3-6, 12-18 (Ohio Ct. App. Aug. 17, 2015)appeal not accepted for review, 2015-Ohio-4633, 143 Ohio St.3d 1545, 40...
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