Lucas v. Hamilton County Municipal Court

Filing 11

ORDER that respondent file a supplemental return of writ addressing the jurisdictional issue and supplementing the record with all records containing the municipal court's ruling in Case 11CB27911 on petitioner's motion to dismiss the indictment. Petitioner may respond within 15 days after the supplemental return is filed. Signed by Magistrate Judge Stephanie K. Bowman on 3/13/12. (jl1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
DELOREAN LUCAS,
Petitioner,
vs
HAMILTON COUNTY
MUNICIPAL COURT,
Respondent.

Case No. 1:12-cv-138
Dlott, C.J.
Bowman, M.J.
ORDER

The undersigned has conducted an initial review of the record submitted in this habeas
corpus case filed pursuant to 28 U.S.C. § 2241. It does not appear that either party has submitted
the trial court’s ruling (either by way of transcript or written entry) denying petitioner’s motion
to dismiss the indictment on the pending falsification charge that has been stayed by the
Hamilton County Municipal Court in Case No. 11CRB27911. In addition, the Court has
concerns as to whether petitioner satisfies the “in custody” requirement for habeas corpus
jurisdiction based on the charge pending before the municipal court.
Therefore, respondent is hereby ORDERED to file within twenty (20) days of the date of
this Order a supplemental return of writ addressing the jurisdictional issue and supplementing
the record with all records containing the municipal court’s ruling in Case No. 11CRB27911 on
petitioner’s motion to dismiss the indictment. Petitioner shall file any response to the
respondent’s supplemental return of writ within fifteen (15) days after the supplemental return of
writ is filed with the Court.
IT IS SO ORDERED.

/s/ Stephanie K. Bowman
United States Magistrate Judge