Odraye G. Jones, nka Malik Allah-U-Akbar v. MARGARET BRADSHAW, Warden

NOT FOR FULL-TEXT PUBLICATION
File No. 15a0085n.06
Case No. 07-3766
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
ODRAYE G. JONES, nka Malik Allah-U-Akbar,
Petitioner-Appellant,
v.
MARGARET BRADSHAW, Warden,
Respondent-Appellee.
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O R D E R
Before: COLE, Chief Judge; MOORE and GRIFFIN, Circuit Judges.
Odraye G. Jones, an Ohio death row inmate, moves this court to expand its January 30,
2009 order in this capital habeas appeal to allow: (1) the district court to consider Jones’s pro se
motions to remove counsel and waive his lethal injection litigation; and (2) the filing and full
consideration of further pleadings to demonstrate cause to excuse the procedural default of
various ineffective assistance of trial counsel claims under Martinez v. Ryan, 132 S. Ct. 1309
(2012), and Trevino v. Thaler, 133 S. Ct. 1911 (2013).
The warden does not oppose Jones’s first motion, and we granted a similar motion on
September 6, 2012. We now grant this motion as well.
The warden opposes Jones’s second motion, filed through counsel, in which he seeks to
supplement or amend his pleadings with claims related to the ineffective assistance of trial
counsel. Jones contends that there is cause to excuse the procedural default of those claims

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Case No. 07-3766
Jones v. Bradshaw
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under the authority of Martinez and Trevino. Our court has not yet decided whether an Ohio
habeas petitioner can show cause to excuse a procedural default under Trevino. See McGuire v.
Warden, Chillicothe Corr. Inst., 738 F.3d 741, 751–52 (6th Cir. 2013). We therefore grant
Jones’s second motion to expand the limited remand to allow the filing and full consideration of
supplemental or amended pleadings related to the ineffective assistance of trial counsel, and for
the district court to consider Jones’s contention that there is cause to excuse the procedural
default of those claims under Martinez and Trevino.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk

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