Parson v. Warden, Lebanon Correctional Institution
Filing
5
DECISION AND ORDER DENYING STAY OF PROCEEDINGS - Petitioner's Motion to Stay Proceedings until ninety days after he obtains a copy, at State expense, of the full state court record, including the trial transcripts (Doc. No. 4, PageID 53) is DENIED. Signed by Magistrate Judge Michael R Merz on 12/17/2014. (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
TYREE S. PARSON,
Petitioner,
:
- vs -
Case No. 3:14-cv-414
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz
ERNIE MOORE, Warden,
:
Respondent.
DECISION AND ORDER DENYING STAY OF PROCEEDINGS
This habeas corpus case is before the Court on Petitioner’s Motion to Stay Proceedings
until ninety days after he obtains a copy, at State expense, of the full state court record, including
the trial transcripts (Doc. No. 4, PageID 53). He advises that he has requested those documents
from the Montgomery County Common Pleas Court, that his request has been denied, and that
he has appealed to the Second District Court of Appeals. In denying his request, Judge Dankof
found that the complete record had already been filed with the Second District and remained on
file in that court (State v. Parson, Order of June 24, 2014, available on the website of the
Montgomery County Clerk of Courts).
So far as this Court is aware, there is no legal
requirement for the State to furnish a second free copy of trial transcripts, much less the whole
case file, so it seems very unlikely Parson’s appeal will be successful.
Moreover, the Report and Recommendations whose consideration Parson seeks to have
stayed found is claims in this case were procedurally defaulted because he never appealed to the
Ohio Supreme Court from affirmance of his conviction by the Second District. The Magistrate
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Judge offered an alternative analysis on the merits, and if Parson intends to show the Second
District got the facts wrong, he might need the transcripts to do that. But he needs no transcripts
to respond to the procedural default analysis: either he timely appealed to the Ohio Supreme
Court or he did not.
For the foregoing reasons, the Motion to Stay is DENIED.
December 17, 2014.
s/ Michael R. Merz
United States Magistrate Judge
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