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.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION AT COLUMBUS KEVIN L. CHRISTY, : : : : : : : : : : 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 2

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