Marvin J. Benson v. Shelby Smith, Warden of Belmont Correctional Institution

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MARVIN J. BENSON, Petitioner, Case No. 2:24-cv-3771 v. JUDGE DOUGLAS R. COLE SHELBY SMITH, WARDEN OF Magistrate Judge Merz BELMONT CORRECTIONAL INSTITUTION, Respondent. OPINION AND ORDER In his February 3, 2025, Report and Recommendation (R&R, Doc. 31, #3224), Magistrate Judge Merz recommends that the Court dismiss Petitioner Marvin J. Benson’s Amended Petition for Writ of Habeas Corpus (Doc. 5)1 because (1) the state appellate court did not unreasonably apply Strickland to Benson’s ineffective assistance of counsel claim…