Barron v. Warden Lebanon Correctional Institution

Filing 7

ORDER: Respondent shall, within sixty (60) days of the date of this order, file a return of writ responding to the allegations of the petition. Signed by Magistrate Judge Stephanie K. Bowman on 12/28/2012. (jlw) (Additional attachment(s) added on 12/28/2012: # 1 Certified Mail Receipt) (jlw).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CAMERON BARRON,
Petitioner,

Case No. 1:12-cv-845
Dlott, J.
Bowman, M.J.

vs
WARDEN, LEBANON
CORRECTIONAL FACILITY,
Respondent.

ORDER

On October 31, 2012, petitioner filed a motion for in forma pauperis status in connection
with a petition for habeas corpus under 28 U.S.C. § 2254. (Doc. 1). On November 26, 2012, this
Court issued a Deficiency Order requiring petitioner to pay the full filing fee of $5.00 or submit a
completed certificate page and certified copy of his prison trust fund account statement showing
the balance of his prisoner account. (Doc. 2). Petitioner has now complied with the Order and
paid the $5.00 filing fee in this matter.
For good cause appearing, it is ORDERED that pursuant to Rules 4 and 5 of the Rules
Governing § 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254, respondent
shall, within sixty (60) days of the date of this order, file a return of writ responding to the
allegations of the petition. The return of writ should include the following:
1.

Certify the true cause of petitioner’s detention.

2.

Allege specifically whether or not petitioner has previously filed a petition for

habeas corpus relief in federal court, giving the names of the courts in which petitioner has sought
release, together with any citations to such prior action. Indicate whether or not the instant
petition is successive pursuant to 28 U.S.C. § 2244(b).
3.

Allege as to each ground raised by petitioner whether he has exhausted his state

remedies, including any post-conviction remedies, as well as his rights of appeal both from the
judgment of conviction and from any adverse judgment or order in any post-conviction
proceeding.
4.

Allege whether petitioner’s claims are barred by the one-year statute of limitations

established in 28 U.S.C. § 2244(d).
5.

Allege, pursuant to Stone v. Powell, 428 U.S. 465 (1976), whether petitioner has

been previously afforded in the courts of Ohio an opportunity for full and fair litigation of any of
his claims now brought by way of habeas corpus.
6.

Allege, pursuant to Engle v. Isaac, 456 U.S. 107 (1982), whether any of petitioner’s

claims are barred by a state law procedural default.
7.

Show cause -- supported by a detailed answer to petitioner’s allegations, and by

records, transcripts, affidavits, and other documentary evidence -- why a writ of habeas corpus
should not issue.
8.

If petitioner has alleged that his conviction was against the weight of the evidence,

cite those pages of the trial transcript upon which respondent will rely to establish that there was
sufficient evidence to justify a rational trier of fact to find guilt beyond a reasonable doubt.
9.

Indicate what transcripts of pretrial, trial, sentencing, and post-conviction

proceedings are available, when they can be furnished, and what proceedings have been recorded
but not transcribed.
10.

Attach such portions of the transcripts as respondent deems relevant.

11.

Allege whether or not a hearing is necessary and whether or not it is permitted

under the criteria of Townsend v. Sain, 372 U.S. 293, 313 (1963) as amended by 28 U.S.C.

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§ 2254(e)(2).
It is further ORDERED that the Clerk of this Court serve a copy of this Order and the
petition by mail on the respondent and the Ohio Attorney General. This service shall constitute
notice to the Ohio Attorney General.
Petitioner may, not later than twenty-one (21) days after the answer is filed, file and serve a
response to the return of writ. If respondent files a motion to dismiss, petitioner=s time to file a
memorandum in opposition will likewise be twenty-one days from service, as provided in S. D.
Ohio Civ. R. 7.2(a).
IT IS SO ORDERED.

s/ Stephanie K. Bowman
Stephanie K. Bowman
United States Magistrate Judge

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