Lenoir v. Warden Southern Ohio Correctional Facility

Filing 76

ORDER TO THE CLERK OF COURT. The Clerk is therefore ORDERED to mail the digital recording back to Petitioner. June Signed by Magistrate Judge Michael J Newman on 06/29/2012. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LAMAR LENOIR,

:

Case No. 3:09-cv-286

:

District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

Petitioner,
vs.
WARDEN, SOUTHERN OHIO
CORRECTIONAL FACILITY,

:

Respondent.
:
______________________________________________________________________________
ORDER TO THE CLERK OF COURT
______________________________________________________________________________
Pursuant to this Court’s June 4, 2012 Order, Petitioner filed a digital audio recording of a
telephone conversation between his sister and a primary witness in his underlying state criminal
case. In addition, he filed a certified transcript of this audio recording, as well as affidavits
authenticating the recording and transcript. The Court has listened to the audio recording and
compared it to the transcript, and confirmed that the transcript is accurate. Accordingly, the Court
does not need to keep the digital audio recording itself in order to consider Petitioner’s motion for
relief from judgment. The Clerk is therefore ORDERED to mail the digital recording back to
Petitioner.

June 29, 2012

s/ Michael J. Newman
United States Magistrate Judge