Russell v. Plummer

Filing 8

ORDER - This Court has no authority to interfere with the civil case which is said to be pending before The Honorable Mary Katherine Huffman. Accordingly, Petitioner's Motion is DENIED. Signed by Magistrate Judge Michael R Merz on 11/25/2014. (kpf1)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ERIC T. RUSSELL, SR.,
Petitioner,

:

- vs -

Case No. 3:14-cv-315
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

SHERIFF PHIL PLUMMER,
:
Respondent.

ORDER

This habeas corpus case under 28 U.S.C. § 2254 is before the Court on a document filed
by Petitioner which requests this Court to “request ‘Disposition of Judgment’” from the
Montgomery County Common Pleas Court and to request the entire case files for Common Pleas
case numbers 2014-cv-04969 and 2014-cr-01896. Petitioner apparently wishes the Court to have
these documents to begin investigation of violations of due process and to proceed with habeas
corpus.
Petitioner’s own motion shows that he has been convicted and sentenced on two counts
of domestic violence and found not guilty on a third count before The Honorable Michael
Krumholtz. Before Petitioner can properly seek habeas corpus relief on the counts of conviction,
he must exhaust his available state court remedies -- direct appeal to both the Second District
Court of Appeals and the Supreme Court of Ohio for any claimed errors which are already part
of the record; petition for post-conviction relief in the Montgomery County Common Pleas Court
for any constitutional errors which are not part of the record. Only when those possible remedies

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have been exhausted can this Court exercise jurisdiction.
This Court has no authority to interfere with the civil case which is said to be pending
before The Honorable Mary Katherine Huffman.
Accordingly, Petitioner’s Motion is DENIED.
November 25, 2014.
s/ Michael R. Merz
United States Magistrate Judge

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