Simons v. Warden, Madison Correctional Institute

Filing 7

ORDER REGARDING COMPOSITION OF THE RECORD. Signed by Magistrate Judge Michael R Merz on 8/28/2014. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CARL R. SIMONS,
Petitioner,

:

- vs -

Case No. 3:14-cv-275
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

RHONDA RICHARDS, Warden,
:
Respondent.

ORDER REGARDING COMPOSITION OF THE RECORD

This habeas corpus case is before the Court on Petitioner’s Motion for production of a
“copy of the trial and sentencing transcripts to be included with the Answer/Return of Writ.”
(Doc. No. 6, PageID 160). The Order for Answer in this case already requires the Attorney
General to furnish Petitioner with “a complete copy of the answer and state court record with the
PageID numbers. . . .” (Doc. No. 4, PageID 157.)
The Order does not in terms require the filing of state court transcripts, but only “those
portions of the state court record needed to adjudicate this case. . .” Id. However, Grounds One,
Two, and Three for Relief plead evidence-weighing claims and other Grounds plead claims
which may require review of the sentencing transcript. Accordingly, Petitioner’s Motion is
GRANTED.

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Petitioner also notes that he has not received a copy of his Petition as filed with PageID
numbers. The Clerk will send him such a copy with his copy of this Order.
August 28, 2014.
s/ Michael R. Merz
United States Magistrate Judge

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