Musselman v. Warden Chillicothe Correctional Institution

Filing 23

DECISION AND ORDER ON PETITIONER'S MOTION FOR DIRECTIVE ORDER - Petitioner's Motion for Directive Order (Doc. No. 20) is denied for lack of jurisdiction, without prejudice to its renewal in the Court of Appeals. Signed by Magistrate Judge Michael R Merz on 10/14/2010. (kpf1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
MARK MUSSELMAN, : Petitioner, : -vsWARDEN, Chillicothe Correctional Institution, : Respondent. Magistrate Judge Michael R. Merz Case No. 3:09-cv-407

DECISION AND ORDER ON PETITIONER'S MOTION FOR DIRECTIVE ORDER

This habeas corpus action is before the Court on Petitioner's Motion for Directive Order (Doc. No. 20). As the Magistrate Judge pointed out in ruling on Petitioner's Motion to Supplement the Record, a district court loses jurisdiction of a matter when it is appealed. Particularly in light of the fact that Respondent indicates it did not agree to supplementing the record before the Sixth Circuit with the understanding the transcript would be supplied by the Common Pleas Court, the Magistrate Judge believes Petitioner's request must be directed to the Court of Appeals, which now has plenary jurisdiction of this matter. The Motion is denied for lack of jurisdiction, without prejudice to its renewal in the Court of Appeals. October 14, 2010.
s/ Michael R. Merz United States Magistrate Judge

-1-