Moore v. Mitchell

Filing 169

ORDER TO FILE DIGITIZED RECORD AND RE-FILE PENDING MOTION - It is hereby ORDERED that, not later than February 25, 2014, Petitioner refile the Motion to For Relief From a Judgment or Order Pursuant to Fed. R. Civ. P. 60(b) (Doc. No. 168) with PageID record references. The time of the Warden to respond to that Motion under S. D. Ohio Civ. R. 7.2 will run from the date of filing of the amended motion. Signed by Magistrate Judge Michael R Merz on 1/22/2014. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
LEE E. MOORE,
Petitioner,

:

- vs -

Case No. 1:00-cv-023
Chief Judge Susan J. Dlott
Magistrate Judge Michael R. Merz

BETTY MITCHELL, Warden
:
Respondent.

ORDER TO FILE DIGITIZED RECORD AND RE-FILE PENDING
MOTION

This capital habeas corpus case is before the Court on Petitioner’s Motion to For Relief
From a Judgment or Order Pursuant to Fed. R. Civ. P. 60(b) (Doc. No. 168). In an initial review
of this document, the Magistrate Judge has become concerned about the state of the record and
difficulty accessing it from various locations.
To facilitate future consideration of this case by the Magistrate Judge, Chief Judge Dlott,
and the Sixth Circuit, it is hereby ORDERED that the state court record previously filed herein in
paper format, as well as depositions tendered manually, particularly those in reference to the
Joint Motion to Expand the Record (Doc. No. 118), be refiled electronically as now required by
S. D. Ohio Civ. R. 5.1(c). When the record is filed electronically, the Court’s ECF filing system
will affix a unique PageID number to each page of the record, displayed in the upper right-hand
corner of the page. All papers filed in the case thereafter, by either party, shall include record
references to the PageID number. Prior to filing the state court record, the Warden’s counsel
shall ensure that any borders on parts of the record (typically, court reporter transcripts) do not

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obscure the PageID number when the page is filed. The electronic record shall be filed not later
than February 11, 2014.
The currently pending Motion does not, for obvious reasons, have PageID references to
the record. It is hereby ORDERED that, not later than February 25, 2014, Petitioner refile the
instant Motion with PageID record references. The time of the Warden to respond to that
Motion under S. D. Ohio Civ. R. 7.2 will run from the date of filing of the amended motion.

January 22, 2014.
s/ Michael R. Merz
United States Magistrate Judge

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