Reid v. Moore

Full title: TYRONE E. REID, Petitioner, v. ERNIE L. MOORE, Warden, Respondent

Court: United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Mar 15, 2006

Case No. 3:05-cv-326 (S.D. Ohio Mar. 15, 2006)

Opinion

Case No. 3:05-cv-326.

March 15, 2006

BRIEFING SCHEDULE; ORDER TO PRODUCE DOCUMENT

MICHAEL MERZ, Magistrate Judge

This case is before the Court on Petitioner's Motion to Hold this Habeas Corpus Action in Abeyance pending final exhaustion of the constitutional claims raised in Petitioner's post-conviction petition in the state courts (Doc. No. 13). As ordered by the Court, Petitioner has now filed a copy of his petition for post-conviction relief which was denied by the Montgomery County Common Pleas Court on February 7, 2006. Of course, exhaustion requires Petitioner to appeal and he has done so.

Respondent is hereby ordered to file any position Respondent has with respect to the Motion to Hold in Abeyance not later than April 1, 2006.

Petitioner's Motion to Compel Production of Extant Records (Doc. No. 12) has not been opposed by Respondent within the time allowed by S.D. Ohio Civ. R. 7.2 and is accordingly granted.