Seay v. Warden, Southern Ohio Correctional Facility

Filing 25

ORDER VACATING STAY AND ORDERING COMPLETION OF THE RECORD - It is ordered that Respondent file not later than August 20, 2012, a supplemental return of writ with copies of the state court record generated in this matter since the original Return was filed. Petitioner may file a supplemental reply not later than twenty-one days after the supplemental return is filed. Signed by Magistrate Judge Michael R Merz on 8/3/2012. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ERNEST SEAY,
:
Petitioner,

Case No. 1:10-cv-828
:

-vs-

District Judge S. Arthur Spiegel
Magistrate Judge Michael R. Merz

WARDEN, Oakwood Correctional
Institution,
:
Respondent.

ORDER VACATING STAY AND ORDERING COMPLETION OF THE
RECORD
On October 12, 2011, this Court granted Respondent’s Motion to Stay these proceedings
pending the outcome of Petitioner’s state court action on a petition to vacate his conviction (Doc.
No. 22). On July 25, 2012, the Ohio Supreme Court declined to hear Petitioner’s appeal in that
case.

Ohio v. Seay, No. 2012-0599.

It thus appears that the state court proceedings are

complete.
It is accordingly ordered that Respondent file not later than August 20, 2012, a
supplemental return of writ with copies of the state court record generated in this matter since the
original Return was filed. Petitioner may file a supplemental reply not later than twenty-one
days after the supplemental return is filed.
August 3, 2012.

s/ Michael R. Merz
United States Magistrate Judge