Artz v. Turner

Filing 6

ORDER FOR ANSWER AND TO PAY FILING FEE - Answer Set/Reset for: Neil Turner answer due 9/15/2017. Petitioner may, not later than twenty-one days after the answer is filed, file and serve a reply to the answer. Signed by Magistrate Judge Michael R. Merz on 7/10/2017. (srb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
GREG M. ARTZ,
Petitioner,

:

- vs -

Case No. 3:17-cv-231
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

NEIL TURNER, Warden,
North Central Correctional Institution,
:
Respondent.

ORDER FOR ANSWER AND TO PAY FILING FEE

This is an action pursuant to 28 U.S.C. ' 2254 for a writ of habeas corpus; Petitioner
seeks release from confinement imposed as part of the judgment of a State court in a criminal
action.
The case was filed in the United States District Court for the Northern District of Ohio
but transferred to this Court because Petitioner’s conviction occurred in the Montgomery County
Common Pleas Court.
Petitioner did not pay the filing fee of $5.00 upon filing. Because he is represented by
retained counsel, he does not qualify to proceed in forma pauperis. The filing fee must be paid
to the Clerk by July 20, 2017.
The case has been referred to the undersigned United States Magistrate Judge pursuant to
28 U.S.C. '636(b) and the Dayton General Order of Assignment and Reference (General Order
Day 13-01). Upon preliminary consideration pursuant to Rule 4 of the Rules Governing '2254
Cases, the Court finds that it does not plainly appear from the face of the Petition and any
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exhibits attached thereto that the Petitioner is not entitled to relief in this Court. Accordingly, it is
hereby ORDERED that Respondent shall, not later than September 15, 2017, file an answer
conforming to the requirements of Rule 5 of the Rules Governing '2254 Cases. Specifically,
said answer shall respond to each allegation made in the Petition, comply with Rule 5(c)
regarding transcripts, raise any affirmative defense relied on by Respondent, and state whether,
from Respondent's perspective, any claim in the Petition is barred by a failure to exhaust state
remedies, a procedural bar, non-retroactivity, or a statute of limitations.
Before filing the answer, the Respondent shall file those portions of the state court record
needed to adjudicate this case. When the record is filed electronically, the Court’s CM/ECF
filing system will affix a unique PageID number to each page of the record, displayed in the
upper right-hand corner of the page. All papers filed in the case thereafter by either party shall
include record references to the PageID number. Prior to filing the state court record, the
Warden’s counsel shall ensure that any borders on parts of the record (typically, court reporter
transcripts) do not obscure the PageID number when the page is filed. The record shall be
indexed by insertion of “bookmarks” in the .pdf version of the state court record uploaded to the
Court’s CM/ECF system which display each exhibit and the name of that exhibit in the record.
As required by Fed. R. Civ. P. 5, a complete copy of the answer and state court record
with the PageID numbers and “bookmarks” must be served on Petitioner at the time of filing.
Petitioner may, not later than twenty-one days after the answer is filed, file and serve a
reply to the answer.

The Clerk is ordered to serve the Petition on Respondent and the Attorney General of
Ohio,

Habeas

Corpus

Unit

of

the

2

Corrections

Litigation

Section

c/o

[e-mail] and [e-mail]

July 10, 2017.
s/ Michael R. Merz
United States Magistrate Judge

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