Opinion
1:20-cv-12108
09-14-2021
JASON KEITH-DAVID MANNERS, Petitioner, v. ROBERT VASHAW, Respondent.
OPINION AND ORDER DENYING PETITIONER'S MOTION FOR ORDER REQUIRING RESPONSIVE PLEADING AND GRANTING PETITIONER'S MOTION FOR ORDER DIRECTING EXPANDED FILING OF RULE 5 MATERIALS
THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE
This matter is before this Court upon Petitioner Jason Keith-David's Motion Requesting Issuance of Order Requiring Responsive Pleading, ECF No. 7, and his Motion for Order Directing Respondent to Expand Filing of Rule 5 Materials, ECF No. 13.
On August 5, 2020, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254, challenging his convictions for two counts of first-degree criminal sexual conduct, one count of unlawful imprisonment, one count of domestic violence, and one count of assault with intent to do great bodily harm less than murder. ECF No. 1.
On October 27, 2020, Petitioner filed a Motion, asking this Court to order Respondent to file a response to the habeas petition. ECF No. 7. The Motion will be denied as moot because, when it was filed, this Court had already Ordered Respondent to respond. See ECF No. 4.
On May 10, 2021, Petitioner filed a Motion, asking this Court to order Respondent to file the January 6, 2017 transcript from his trial. ECF No. 13. Petitioner argues that the record from the state court is incomplete and that the January 6 transcript is necessary for a fair review of his Petition. ECF No. 13 at PageID.1910-11. Indeed, Respondent filed all but the January 6 transcript from Petitioner's trial. Compare ECF No. 11-1 at PageID.452, with ECF No. 11 at PageID.447. That transcript will aid adequate review of Petitioner's habeas Petition. See Rose v. Lundy, 455 U.S. 509, 519 (1982). Therefore, Petitioner's Motion will be granted, and Respondent will be ordered to either file the missing transcript or show cause why the transcript is unavailable.
Accordingly, IT IS ORDERED that Petitioner's Motion Requesting Issuance of Order Requiring Responsive Pleading, ECF No. 7, is DENIED AS MOOT.
Further, IT IS ORDERED that Petitioner's Motion for Order Directing Respondent to Expand Filing of Rule 5 Materials, ECF No. 13, is GRANTED.
Further, IT IS ORDERED that Respondent must either file the January 6, 2017 trial transcript on or before September 23, 2021 or show cause why the transcript is unavailable.
IT IS SO ORDERED.