Steele v. Warden
Decision Date | 18 May 2015 |
Docket Number | Case No. 2:13-cv-1267 |
Parties | JOSHUA STEELE, Petitioner, v. WARDEN, MANSFIELD CORRECTIONAL INSTITUTION, Respondent. |
Court | U.S. District Court — Southern District of Ohio |
Petitioner, a state prisoner, brings this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.This matter is before the Court on the Petition, ECF 3, Respondent's Return of Writ, ECF 9, Petitioner's Traverse, ECF 16, Respondent's Response, ECF 17, and the exhibits of the parties.For the reasons that follow, the Magistrate Judge RECOMMENDS that this action be DISMISSED.
The Ohio Fifth District Court of Appeals summarized the facts and procedural history as follows:
State v. Steele, No. 2011-CA-110, 2012 WL 3574716, at *1-3(Ohio App. 5th Dist.Aug. 17, 2012).The convictions were affirmed on appeal, id., and on January 23, 2013, the Ohio Supreme Court denied Petitioner's appeal. State v. Steele, 134 Ohio St.3d 1420(2013).
On December 26, 2013, Petitioner filed this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.He asserts that the trial court improperly denied his motion for a new trial(claims one and three), that the evidence is constitutionally insufficient to sustain his convictions and the trial court improperly denied his motion for judgment of acquittal(claim two), and that his convictions are against the manifest weight of the evidence (claim four).
Petitioner seeks habeas relief under 28 U.S.C. § 2254.The Antiterrorism and Effective Death Penalty Act ("AEDPA") sets forth standards governing ...
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