Neyland, Jr. v. Jenkins
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
Calvin Neyland, Jr.,
) CASE NO. 3:16CV1064
) JUDGE JOHN R. ADAMS
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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