Huber, Jr v. Warden, Chilicothe Correctional Institution

Filing 18

ORDER - It is therefore ordered that Respondent supplement the Return of Writ with those portions of the state court record generated since the case was dismissed in 2011. Respondent shall also file an amended return if necessary, combined with Respo ndents memorandum in response to Petitioners Motion for Summary Judgment. All of these filings shall be made on or before August 1, 2013. When these items are filed, the Court will treat the case as ripe for decision. Signed by Magistrate Judge Michael R Merz on 7/3/2013. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JOSEPH W. HUBER, JR.,
Petitioner,

:

- vs -

Case No. 3:11-cv-008
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

WARDEN, Chillicothe Correctional
Institution,
:
Respondent.

ORDER

This habeas corpus case has been reopened on Petitioner’s Motion and without
opposition by the Respondent (Doc. No. 17). The Warden already filed the state court record
with the Return of Writ in 2011 (Doc. No. 4). The case is already pending on Petitioner’s
Motion for Summary Judgment (Doc. No. 15), which will serve in lieu of a reply by Petitioner.
It is therefore ordered that Respondent supplement the Return of Writ with those portions
of the state court record generated since the case was dismissed in 2011. Respondent shall also
file an amended return if necessary, combined with Respondent’s memorandum in response to
Petitioner’s Motion for Summary Judgment. All of these filings shall be made on or before
August 1, 2013. When these items are filed, the Court will treat the case as ripe for decision.
July 3, 2013.
s/ Michael R. Merz
United States Magistrate Judge