Williams v. Warden

Filing 26

DECISION AND ORDER - This case is before the Court on Petitioner's Motion to Expand or Supplement the Record by adding the trial transcript (Doc. No. 22). Respondent shall file the jury trial transcript herein not later than July 1, 2010. Not l ater than June 15, 2010, counsel shall file a joint status report indicating whether the case is ripe for decision or whether, from either party's perspective, additional pre-decision practice is required. Signed by Magistrate Judge Michael R Merz on 6/9/2010. (kpf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON GEORGE WILLIAMS, Petitioner, -vsDAVID BOBBY, Warden, Respondent. : : Case No. 1:09-cv-317 District Judge Michael R. Barrett Magistrate Judge Michael R. Merz : DECISION AND ORDER This case, transferred to the undersigned yesterday, is before the Court on Petitioner's Motion to Expand or Supplement the Record by adding the trial transcript (Doc. No. 22). Respondent has no opposition to adding the transcript, but asserts that Petitioner should bear the burden of doing so. (Doc. No. 23). While Respondent has apparently conformed to Rule 5 of the Rules Governing § 2254 Cases thus far by attaching those portions of the transcript deemed relevant by Respondent, Rule 5(c) expressly provides that "[t]he judge may order that the respondent furnish other parts of existing transcripts. . . " Accordingly, Respondent shall file the jury trial transcript herein not later than July 1, 2010. Not later than June 15, 2010, counsel shall file a joint status report indicating whether the case is ripe for decision or whether, from either party's perspective, additional pre-decision practice is required. June 9, 2010. s/ Michael R. Merz United States Magistrate Judge J:\Documents\Williams, George habeas 01.wpd -1-

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