Russell v. Anderson

Filing 17

Memorandum Opinion and Order. On May 1, 2008, this Court entered a ruling directly that respondent obtain and "submit to this Court, under seal, the prosecution's file which had been ordered sealed on direct appeal, in order for this Court to conduct an in camera inspection to determine whether information exists in that file which is pertinent to claims for relief raised herein." Considering that almost a month has passed without that file being presented or respondents co unsel providing any insight into when it might appear, it is obvious that the mistake this Court made was in not setting a terminal date for such production. This Court will now rectify that error. Respondent's counsel shall present the materia l in question no later than June 9, 2008, or, upon failure to do so, appear before this Court at 1:00 p.m. and explain that failure, with the possibility that this Court will impose sanctions if not satisfied with any proffered explanation. Signed by Magistrate Judge David S. Perelman on 5/28/08. (W,Jo) Modified text on 6/3/2008 (B,B).

Russell v. Anderson

Doc. 17

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

John Russell, Petitioner v. Carl Anderson, Warden, Respondent

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Case No. 1:07CV3434 Judge Dan A. Polster Magistrate Judge David S. Perelman MEMORANDUM OPINION AND ORDER

On May 1, 2008 this Court entered a ruling directly that respondent obtain and "submit to this Court, under seal, the prosecution's file which had been ordered sealed on direct appeal, in order for this Court to conduct an in camera inspection to determine whether information exists in that file which is pertinent to the claims for relief raised herein." Considering that almost a month has passed without that file being presented or respondent's counsel providing any insight into when it might appear, it is obvious that the mistake this Court made was in not setting a terminal date for such production. This Court will now rectify that error. Respondent's counsel shall present the material in question no later than June 9, 2008, or, upon failure to do so, appear before this Court at 1:00 p.m. and explain that failure, with the possibility that this Court will impose sanctions if not satisfied with any proffered explanation. IT IS SO ORDERED

s/DAVID S. PERELMAN United States Magistrate Judge DATE: May 28, 2008

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