Finnell v. Warden, Lebanon Correctional Institution

Filing 104

DECISION AND ORDER - It is ORDERED that Respondent file, not later than May 26, 2023, a status report regarding the new trial proceedings with docket sheets since the last status report. Signed by Magistrate Judge Michael R. Merz on 5/16/2023. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 1:17-cv-00268-DRC-MRM Doc #: 104 Filed: 05/17/23 Page: 1 of 2 PAGEID #: 3223

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
KYLE FINNELL,
Petitioner,

:

- vs -

Case No. 1:17-cv-268
District Judge Douglas R. Cole
Magistrate Judge Michael R. Merz

TIM SCHWEITZER, Warden,
Lebanon Correctional Institution,
:
Respondent.

DECISION AND ORDER

This habeas corpus case, brought pro se by Petitioner Kyle Finnell, is before the Court on
Finnell’s Motion for Leave To Address Issue Concerning Stay An[d] Abeyance and Appointment
Of Counsel Under The Federal Disability Act, or Appointment Of NLPA And H. Wesley Robinson
(Wrobinson @Nlpa.Com )(ECF No. 103).
While it is very difficult to tell what relief Finnell is seeking in this Motion, he begins by
asking the Court to take judicial notice of the records of the Hamilton County, Ohio, Clerk of
Courts in Case No. B-1307615 which are reportedly online at https://courtclerk.org/ recordssearch/search-by-case-number. The Magistrate Judge visited that website at 3:30 p.m. on May 16,
2023, and was advised Case Number B 1307615 was not found in any of the databases maintained
by the Clerk of Courts, including for Common Pleas – Criminal.
Fed. R. Evid. 201 allows a court to take judicial notice of adjudicative facts that “(2) can
be accurately and readily determined from sources whose accuracy cannot reasonably be
questioned.” In this instance, it appears that the contents of the Clerk’s file for Case No. B1

Case: 1:17-cv-00268-DRC-MRM Doc #: 104 Filed: 05/17/23 Page: 2 of 2 PAGEID #: 3224

1307615 cannot be determined by querying the relevant databases online.
Furthermore, it appears to the Magistrate Judge that the purpose of requesting judicial
notice of the contents of that file is to refute the findings the Magistrate Judge made in dissolving
the stay of these proceedings and going forward with a Report and Recommendations on the merits
(ECF No. 57). Finnell seems to be seeking reinstatement of the stay pending completion of his
new trial proceedings in the Hamilton County Court of Common Pleas.
The Court has not had a status report since December 2020 (ECF No. 54). It is accordingly
ORDERED that Respondent file, not later than May 26, 2023, a status report regarding the new
trial proceedings with docket sheets since the last status report.
Since the documents of which Petitioner wishes the Court to take judicial notice do not
appear to be available to the public online his request for judicial notice is denied.
Finnell also requests the appointment of counsel under “The Federal Disability Act.” The
Court has no authority to appoint counsel in a habeas corpus case under that statute. He also
requests appointment as counsel of “NLPA.” A Google search of that term suggests Finnell is
referring to the National Legal Professionals Association. However, the Court has no authority to
appoint an organization of attorneys to represent a litigant. Lastly, Finnell asks the Court to appoint
Attorney H. Wesley Robinson. The Court has no record of Mr. Robinson’s having been admitted
to practice law before this Court.
May 16, 2023.
s/ Michael R. Merz
United States Magistrate Judge

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