United States District Court, S.D. Ohio, Western Division, Dayton
GREGORY D. PELFREY, Petitioner,
TIM BUCHANAN, Warden, Noble Correctional Institution Respondent.
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
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).
item sought to be added to the record by the Motion is
identified by a bracketed
Motion to Expand the Record seeks to add the documents he
says were attached to his application to reopen his direct
appeal as follows:
•  Letter to Pelfrey from Ruppert dated June 24, 2014
(PageID # 647);
•  Partially redacted Centerville Police Report
(Daniel) (PageID # 633-634);
•  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);
•  The Power of Attorney (PageID # 629-632 -
State's Exhibit 4); and
•  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.
June 24, 2014, letter to Pelfrey from attorney Rupert E.
Ruppert. Denied; already part of the record at PageID 647.
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.
Centerville Police Report containing report of conversation
between Sgt. Osterfeld and the victim. Denied; already ...