Christy v. Warden, Noble Correctional Institution

Filing 16

ORDER granting 15 Motion for "Request for Records". Signed by Magistrate Judge Peter B. Silvain, Jr on 5/8/24. (pb)(re 5 13 ), (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
KEVIN L. CHRISTY,

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Petitioner,
vs.
WARDEN, NOBLE
CORRECTIONAL INSTITUTUION,
Respondent.

Case No. 2:22-cv-4220

District Judge James L. Graham
Magistrate Judge Peter B. Silvain, Jr.

ORDER
This case is before the Court upon Petitioner’s request for records. (Doc. 15). To the extent
that Petitioner requests a copy of his Petition, the Court’s April 11, 2024 Order to Show Cause
Regarding Exhaustion, and the docket sheet in this case, Petitioner’s request is GRANTED.
Accordingly, the Clerk of Court is DIRECTED to send Petitioner a copy of his Petition (Doc. 5);
a copy of the Court’s April 11, 2024 Order to Show Cause Regarding Exhaustion (Doc. 13); and
a copy of the Court’s docket sheet in this case.
To the extent Petitioner is requesting pending scheduling deadlines, on April 11, 2024, the
Court directed the parties to show cause within thirty (30) days why the instant action should not
be dismissed without prejudice or stayed while Petitioner is permitted to return to the state courts
to exhaust any permissible remedies for the ineffective-assistance-of-trial-counsel claims he
asserts as cause to excuse a procedural default. (Doc. 13); see Rhines v. Weber, 544 U.S. 269
(2005); see also Hall v. Huffman, No. 98-3586, 2000 WL 1562821, at *3 (6th Cir. Oct. 11, 2000).
As noted in the Order, should any party need additional time to comply with the Order, the party
should file a motion for an extension of time.

IT IS SO ORDERED.

May 8, 2024

s/Peter B. Silvain, Jr.
PETER B. SILVAIN, JR.
United States Magistrate Judge

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