Nian v. Warden, North Central Corectional Complex

Filing 30

VOLUNTARY DISMISSAL ORDER - In compliance with the mandate of the Sixth Circuit Court of Appeals in Nian v. Warden, N. Cent. Corr. Inst., 994 F.3d 746, 759 (6th Cir. 2021), this Court issued a Conditional Writ of Habeas Corpus requiring the Common Pleas Court of Delaware County, Ohio, to conduct a hearing on Petitioner's motion for a new trial under Remmer v. United States, 347 U.S. 227 (1954). That hearing is completed and Petitioner has advised the Court that he is not challenging th e constitutionality of that hearing in his state court appeal (ECF No. 26 , PageID 1112). He has also withdrawn his request for a stay under Rhines v. Weber, 544 U.S. U.S. 269 (2005) in this Court. Given that posture of the case, both parties agre e that the proper disposition of this case is dismissal without prejudice under Fed.R.Civ.P. 41 (ECF Nos. 28 , 29 ). Accordingly, the Clerk is ordered to enter judgment dismissing this case without prejudice. Signed by Magistrate Judge Michael R. Merz on 3/9/2022. (srb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
ABULAY NIAN,
Petitioner,

:

- vs -

Case No. 2:17-cv-313
District Judge James L. Graham
Magistrate Judge Michael R. Merz

WARDEN, North Central
Correctional Complex,
:
Respondent.

VOLUNTARY DISMISSAL ORDER

In compliance with the mandate of the Sixth Circuit Court of Appeals in Nian v. Warden, N. Cent.
Corr. Inst., 994 F.3d 746, 759 (6th Cir. 2021), this Court issued a Conditional Writ of Habeas Corpus
requiring the Common Pleas Court of Delaware County, Ohio, to conduct a hearing on Petitioner’s motion
for a new trial under Remmer v. United States, 347 U.S. 227 (1954). That hearing is completed and
Petitioner has advised the Court that he is not challenging the constitutionality of that hearing in his state
court appeal (ECF No. 26, PageID 1112). He has also withdrawn his request for a stay under Rhines v.
Weber, 544 U.S. U.S. 269 (2005) in this Court.
Given that posture of the case, both parties agree that the proper disposition of this case is dismissal
without prejudice under Fed.R.Civ.P. 41 (ECF Nos. 28, 29). Accordingly, the Clerk is ordered to enter
judgment dismissing this case without prejudice.
March 9, 2022.
s/ Michael R. Merz
United States Magistrate Judge

1