Johnson v. Warden, Lebanon Correctional Institution

Filing 10

DECISION AND ORDER FINDING MOTION TO DISMISS MOOT AND HOLDING CASE IN ABEYANCE PENDING EXHAUSTION OF STATE COURT REMEDIES- It is hereby ORDERED: 1. Petitioner shall file a motion for delayed appeal on his claim that his conviction is supported by ins ufficient evidence in the Ohio Supreme Court not later than March 1, 2011. Failure to file will be deemed an abandonment of that claim. 2. All further proceedings herein are stayed pending the outcome of Petitioner's motion for delayed appeal. The parties are ordered to keep this Court informed of the status of those proceedings. 3. Respondents Motion to Dismiss is found to be moot because of the foregoing order. Signed by Magistrate Judge Michael R Merz on 1/27/2011. (kpf1)

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