-MRM Sheppard v. Bagley

Filing 158

ORDER to Supplement the Record. Signed by Magistrate Judge Michael R Merz on 8/4/2012. (mrm0)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BOBBY T. SHEPPARD,
:
Petitioner,

Case No. 1:00-cv-493
:

District Judge Gregory L. Frost
Magistrate Judge Michael R. Merz

-vsNORM ROBINSON, Warden,
Chillicothe Correctional Institution,
:
Respondent.

ORDER TO SUPPLEMENT THE RECORD
This case is before the Court on Petitioner=s Motion for Relief from Judgment Under Rule
60 to Allow Reconsideration of One Portion of Ground for Relief Nine in Light of Martinez v.
Ryan, 132 S. Ct. 1309 (2012), and Motion for Indicative ruling from the District Court in
Accordance with Rule 62.1 (Doc. No. 150). The Magistrate Judge has begun analysis of the
Motion, but notes that the record transmitted to the Court of Appeals has not yet been returned to
this Court. The Court is making every effort to expedite that return, but cannot decide the Motion
without it.
The Motion asserts, as is necessary under Martinez, supra, that various attorneys
representing Sheppard at various points in the process failed in their representation to the point of
ineffectiveness.

As written, the Motion is difficult to parse because it is abstract in its

identification of counsel. It is accordingly ORDERED that Petitioner’s counsel FORTHWITH

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supplement the Motion by filing a list of all the attorneys who have represented Mr. Sheppard in
this case with the dates of their representation.
August 4, 2012.

s/ Michael R. Merz
United States Magistrate Judge

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