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Pelfrey v. Buchanan

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

July 22, 2019

GREGORY D. PELFREY, Petitioner,
v.
TIM BUCHANAN, Warden, Noble Correctional Institution Respondent.

          Walter H. Rice District Judge

          DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO EXPAND THE RECORD AND DENYING MOTION FOR EXTENSION OF TIME TO OBJECT

          Michael R. Merz United States Magistrate Judge

         This habeas corpus case is presently pending on the Magistrate Judge's Report and Recommendations of June 28, 2019, recommending that the case be dismissed with prejudice (ECF No. 12). Petitioner has already sought and received an extension of time to file objections to August 1, 2019 (ECF Nos. 13 and 14). He has now moved for a further extension of time to August 19, 2019 (ECF No. 16) and to Expand the Record (ECF No. 15).

         Each item sought to be added to the record by the Motion is identified by a bracketed

         The Motion to Expand the Record seeks to add the documents he says were attached to his application to reopen his direct appeal as follows:

• [1] Letter to Pelfrey from Ruppert dated June 24, 2014 (PageID # 647);
• [2] Partially redacted Centerville Police Report (Daniel) (PageID # 633-634);
• [3] Copy of the check and deposit slip (the top portion of the check on PageID 644 submitted as State's Ex. 3 at trial, however, the bottom signed portion was not admitted into evidence, nor were the added comments by Pelfrey at the bottom of the page part of the record or the deposit slip) (PageID # 645-646);
• [4] The Power of Attorney (PageID # 629-632 - State's Exhibit 4); and
• [5] Letter to Det. Osterfeld from Ruppert dated October 1, 2014 (PageID # 635-636).

(Motion, ECF No. 15, PageID 1379-80.) The Motion to Expand is DENIED as to these five documents because they are already part of the record.

         [6] June 24, 2014, letter to Pelfrey from attorney Rupert E. Ruppert. Denied; already part of the record at PageID 647.

         [7] Centerville Police Report containing a report of a conversation between Mr. Ruppert and Detective Sergeant Maynard. Denied; already part of the record at PageID 633.

         [8] Centerville Police Report containing report of conversation between Sgt. Osterfeld and the victim. Denied; already ...


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