Sabo v. Warden London Correctional Institution

Filing 14

ORDER denying 10 Motion ; denying 11 Motion to Appoint Counsel ; denying 12 Motion to Certify Class; denying 13 Motion for Discovery. Signed by Judge Algenon L. Marbley on 7/18/16. (kn)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

LARRY SABO,
Petitioner,
Case No. 2:16-cv-536
Judge Marbley
Magistrate Judge King

v.
WARDEN, LONDON CORRECTIONAL
INSTITUTION, et al.,
Respondents.

ORDER
Petitioner brings this action under 28 U.S.C. § 2241, alleging
that the retroactive application of Ohio’s parole guidelines to him
violates his rights under federal and state law. See generally
Petition, ECF No. 3. Respondents have until September 6, 2016, to
respond to the Petition. Order, ECF No. 8. This matter is now before
the Court on Petitioner’s Motion for an Evidentiary Hearing, ECF N0.
10, Motion to Appoint Counsel, ECF No. 11, Motion for Class
Certification, ECF No. 12, and Motion for Discovery, ECF No. 13.
Respondents have not yet responded to the Petition; until they
do, it is unclear that discovery or an evidentiary hearing will be
required to resolve the issues presented in the Petition. It is
likewise unclear at this juncture that the appointment of counsel is
necessary to the efficient resolution of the matter. Under these
circumstances, Petitioner’s Motion for an Evidentiary Hearing, ECF N0.
10, Motion to Appoint Counsel, ECF No. 11, and Motion for Discovery,
ECF No. 13, are DENIED without prejudice to renewal at a later stage

of the proceedings.
Because there is currently no counsel to assist in the
prosecution of a class action, moreover, certification of the action
as a class action would be inappropriate. See Palasty v. Hawk, 15
Fed.Appx. 197, 2001 WL 857209, **2 (6th Cir. June 20, 2001); Oxendine
v. Williams, 509 F.2d 1405 (4th Cir. 1984). Petitioner’s Motion for
Class Certification, ECF No. 12, is therefore likewise DENIED without
prejudice to renewal should counsel be appointed for Petitioner or the
putative class.

/s/

ALGENON L. MARBLEY
Algenon L. Marbley
United States District Judge