Gillispie v. Warden, London Correctional Institution

Filing 77

DECISION AND ORDER ON PETITIONER'S MOTION TO STRIKE SEX OFFENDER STATUS re 76 MOTION to Strike Sex Offender Registration filed by Roger Dean Gillispie. Signed by Magistrate Judge Michael R Merz on 01/03/2012. (Per Chambers the Motion will remain pending on the Court docket.) (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ROGER DEAN GILLISPIE,
:
Petitioner,

Case No. 3:09-cv-471
:

-vs-

Magistrate Judge Michael R. Merz

DEB TIMMERMAN-COOPER, Warden,
:
Respondent.

DECISION AND ORDER ON PETITIONER’S MOTION TO STRIKE
SEX OFFENDER STATUS

This habeas corpus case is before the Court on Petitioner’s Notice of Sex Offender
Registration Attempts and Motion to Strike Sex Offender Status (Doc. No. 76).
The document was filed and served on December 24, 2011, and the time within which
Respondent could file a memorandum in opposition under S. D. Ohio Civ. R. 7.2 has not expired.
This Decision is not intended to preclude any such memorandum or allowing the Montgomery
County Prosecutor an opportunity to be heard, if such an opportunity is sought. Rather this Decision
is intended to state the Court’s present understanding of the situation, pending a final resolution.
This Court did not impose sex offender registration on Mr. Gillispie as a condition of release,
nor was it asked to do so. Counsel did not attach a copy of the notice Mr. Gillispie was handed that
is referred to in the Motion, so it does not know on what basis that document or the authorities who
directed distribution of that document do Mr. Gillispie believed he was required to register as a sex
offender. If that requirement were an incident imposed by Ohio law on the release (on whatever

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basis) of a person convicted of the offenses of which Mr. Gillispie was convicted, this Court’s bond
order would not interfere with that requirement. Nor would the Court’s Decision to grant the writ
conditionally interfere with that requirement because issuance of the writ has been stayed pending
appeal.
At this point in time this Court has no opinion on Mr. Gillispie’s requirement to register as
a sex offender, if such a requirement is asserted to exist, and no authority to “strike” a registration
which has not occurred.
The foregoing observations are offered for whatever use they may be to the parties in seeking
additional relief.
January 3, 2012.
s/ Michael R. Merz
United States Magistrate Judge

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