Smith v. Warden of Toledo Correctional Institution

Filing 141

ORDER TO CEASE TRANSPORT AND COMPLY WITH RELEASE ORDERS. Signed by Judge Timothy S. Black on 4/14/2020. (rrs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CHRISTOPHER SMITH,
Petitioner,
vs.
WARDEN, Toledo Correctional
Institution,
Respondent.

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Case No. 1:12-cv-425
Judge Timothy S. Black
Magistrate Judge Michael R. Merz

ORDER TO CEASE TRANSPORT AND COMPLY WITH RELEASE ORDERS
On April 9, 2020, this Court issued an unconditional writ of habeas corpus,
requiring Petitioner Christopher Smith’s immediate release from State custody (the
“Unconditional Writ”). (Doc. 125). Respondent failed to comply with the Court’s
Unconditional Writ, resulting in Petitioner being transported to and detained in the
Hamilton County Justice Center. (Doc. 134-1 at ¶ 15).
Today, April 14, 2020, Hamilton County Court of Common Pleas Judge Robert
Ruehlman joined this Court in ordering Petitioner Smith’s immediate and unconditional
release. However, Petitioner advises that officials at the Hamilton County Justice
Center refuse to release Petitioner Smith, in violation of the federal and state court
orders. (Doc. 140). Hamilton County Justice Center advised that, yesterday,
Respondent, the Warden of Toledo Correctional Institution (“TCI”), placed a holder
requiring Petitioner’s transport back to TCI in the event of his release. (Id.)

The Court hereby ADVISES that anyone attempting to retain custody of Petitioner
Christopher Smith is in violation of two court orders—the Unconditional Writ issued by
this federal Court (Doc. 125) and the release order of Hamilton County Common Pleas
Judge Robert Ruehlman.
The Court ORDERS that any and all attempts to transport Petitioner Christopher
Smith CEASE IMMEDIATELY.
The Court further ORDERS that Petitioner Christopher Smith be released
from custody by 9:00 p.m. on April 14, 2020.
Any individual, officer, or agency who refuses to abide by this Order or obstructs
the release of Petitioner Christopher Smith will be held in CONTEMPT OF THIS
COURT.
IT IS SO ORDERED.
Date: April 14, 2020
Timothy S. Black
United States District Judge

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