Opinion
Case No. 3:11-cv-319
03-28-2013
ROBERT HANCHER, IV, Petitioner, v. WARDEN, WARREN CORRECTIONAL INSTITUTION, Respondent.
District Judge Walter H. Rice
Magistrate Judge Michael J. Newman
ORDER TO RESPONDENT
The above-captioned case is pending before this Court on a petition for a writ of habeas corpus. Petitioner was convicted in the Montgomery County, Ohio Common Pleas Court in Case Number 2008 CR 03039/2, and appealed to the Montgomery County, Ohio Court of Appeals in Case Number 023515.
Respondent did not file any state court transcripts -- stating (1) the recording of the suppression hearing had not been transcribed; and (2) Respondent was not in possession of the trial transcript. See doc. 9 at PageID 68. Upon the Court's review of the docket sheet for Montgomery County, Ohio Court of Appeals Case Number 023515, however, it appears a transcript was filed in August 2009. See Appendix A.
In order to fully analyze Petitioner's habeas petition, this Court wishes to review the state court transcripts for the suppression hearing and trial proceedings, if they are available. Rule 5 of the Rules Governing Section 2254 Cases permits a federal habeas court to order Respondent to furnish state court transcripts which it deems relevant to the habeas proceeding. Accordingly, the Court ORDERS Respondent to file these transcripts -- or, alternatively, report to the Court why the transcripts cannot be filed -- within 10 DAYS from the date of this Order (i.e., on or before April 8, 2013).
IT IS SO ORDERED.
Michael J. Newman
United States Magistrate Judge