Thompson v. Warden, Warren Correctional Institution

Filing 42

ORDER DENYING "REQUEST FOR REMAINDER OF THE RECORD" 41 . Signed by Magistrate Judge Michael R. Merz on 12/3/2018. (kpf)(This document has been sent 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
CRAIG A. THOMPSON,
Petitioner,

:

- vs -

Case No. 3:18-cv-117
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

CHAE HARRIS, Warden,
Warren Correctional Institution
:
Respondent.

ORDER DENYING “REQUEST FOR REMAINDER OF THE
RECORD”

This habeas corpus case under 28 U.S.C. ' 2254 is before the Court on Petitioner’s Request
for the Remainder of the Record (ECF No. 41). In it he claims that the transcripts of his motion
to suppress hearings are still not complete.
Upon examination of Respondent’s most recent filing on this topic, the Court notes that
the transcript filed November 26, 2018 (ECF No. 38-1) purports to be for the dates June 13 and
June 24, 2013 (ECF No. 2351). The transcript contains the usual indicia that it is the last transcript
on the motion to suppress in that the parties offer exhibits and the court says it is taking the matter
under advisement and sets dates for briefing (ECF No. 38-1, PageID 2480). The final comment
by the court that “We’ll be in recess” (PageID 2482) usually means that a court is in recess, not
that a hearing is being recessed.
The transcript previously filed contains proceedings from the beginning of the hearing on
the motion to suppress on June 6, 2013 (ECF No. 11-2, PageID 1040). At PageID 1157, the

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transcript shows proceedings adjourned but to recommence Monday December 7, 2015. Just prior
to that, the transcript was of a prior motion to suppress hearing, because Mr. Hansen is still shown
as counsel for Petitioner, whereas Mr. Staton had been substituted at the time of trial.
Petitioner has represented that the motion to suppress hearing was held on three separate
days and the Court now has transcribed testimony for three separate dates. It thus appears that the
transcript of the motion to suppress hearings is complete.
In the absence of some evidence from Petitioner that the transcript is in fact still incomplete,
his Request for the Remainder of the Record is DENIED.

December 3, 2018.
s/ Michael R. Merz
United States Magistrate Judge

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