Teitelbaum v. Turner

Filing 19

ORDER denying as moot 16 Motion to Compel. Petitioner shall have an additional 21 days from the date of this Order to file a supplement to his Traverse if he deems necessary. Signed by Magistrate Judge Kimberly A. Jolson on 1/31/2018. (ew)(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
DANIEL TEITELBAUM,
Petitioner,
v.

Case No. 2:17-cv-583
Judge Michael H. Watson
Magistrate Judge Jolson

NEIL TURNER,

Respondent.
ORDER
On January 2, 2018, Petitioner filed a Motion to Compel, requesting that Respondent be
ordered to serve on the Petitioner a copy of the state trial transcripts. (Doc. 16). Although
Respondent filed a Notice of Filing of Trial Transcripts on October 31, 2017 (Doc. 14),
Petitioner indicates he had not been served with a copy of those documents.

Respondent

subsequently failed to file a response to the Motion to Compel. Accordingly, on January 30,
2018, the undersigned directed Respondent to show cause within seven days why the Motion to
Compel should not be granted. (Doc. 17). Respondent filed a Response on January 31, 2018,
stating that “simultaneous to the filing of [the] Response, he has forwarded to Petitioner
Teitelbaum a copy of the Transcripts filed in this case as Doc. 14-1.” (Doc. 18).
Because Respondent has agreed to serve the state trial transcripts on Petitioner, the
Motion to Compel (Doc. 16) is DENIED AS MOOT. In light of the fact that Petitioner did not
previously have access to the state trial transcripts, Petitioner shall have an additional twenty-one
(21) days from the date of this Order to file a supplement to his Traverse to the answer (Doc. 15),
if he deems necessary. The supplement shall not be longer than ten pages.

IT IS SO ORDERED.
Date: January 31, 2017

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

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