Neyland, Jr. v. Jenkins

Filing 30

Order granting Petitioner's counsel's Motion for leave (Related Doc # 19 ) to subpoena Petitioner's telephone records from Chillicothe Correctional Institute. Judge John R. Adams on 1/8/18.(L,J)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Calvin Neyland, Jr., Petitioner, -vsCharlotte Jenkins, Respondent. ) ) CASE NO. 3:16CV1064 ) ) JUDGE JOHN R. ADAMS ) ) ) ORDER ) ) ) ) Pending before the Court is a motion filed by counsel for Petitioner Calvin Neyland, Jr. Counsel seeks leave to subpoena Neyland’s telephone records from Chillicothe Correctional Institution. Doc. 19. Respondent has opposed the motion, and counsel has replied in support. The motion is GRANTED. Counsel seeks the records primarily to ascertain whether Neyland is presently competent to assist in his defense. Respondent opposes the motion and relies heavily on Ryan v. Gonzalez, 568 U.S. 57 (2013). However, Gonzalez resolved whether it was appropriate to stay a habeas proceeding while resolving a competency issue. In resolving that issue, the Court noted that competency was not required in a habeas proceeding and therefore a stay was appropriate. Id. at 76-77. However, the issue herein is distinct from that raised in Gonzalez. In this matter, no habeas petition has been filed and counsel is seeking to determine whether additional proceedings may be commenced without the aid of Neyland. Under those facts, the Court will allow the limited discovery sought by counsel to aid in this litigation decision. The motion for leave is GRANTED. Counsel is hereby authorized to subpoena Neyland’s telephone records from Chillicothe Correctional Institution. IT IS SO ORDERED. Dated: January 8, 2018 /s/ John R. Adams_______________ JOHN R. ADAMS UNITED STATES DISTRICT JUDGE

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