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State ex rel Brown v. Wagner

October 11, 2006

STATE OF OHIO, EX REL DANIEL L. BROWN, PETITIONER,
v.
JUDGE A. J. WAGNER, COURT OF COMMON PLEAS, MONTGOMERY COUNTY, OHIO, RESPONDENT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

District Judge Thomas M. Rose

ORDER TO SUPPLEMENT THE RECORD

This case is before the Court on Motion of Respondent The Honorable A.J. Wagner to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction (Doc. No. 6) and Petitioner Daniel Brown's Motion in Opposition (Doc. No. 8). Petitioner's Motion was filed October 10, 2006. Under S. D. Ohio Civ. R. 7.2, Respondent's reply memorandum is therefore due to be filed by October 24, 2006. Respondent's counsel is ordered to supplement the record in this Court, at or before the time of filing the reply, by furnishing copies of all filings in the Common Pleas case which have not heretofore been filed with this Court. Petitioner's Motion in Opposition indicates the Common Pleas Court may have proceeded to judgment since this case was filed and that may affect this Court's analysis on the current Motion.

Michael R. Merz Chief United States Magistrate Judge

20061011

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