Sitzes II v. Warden, London Correctional Institution

1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
Bobby Gene Sitzes II,
Petitioner, : Case No. 3:25-cv-00141
- vs - 	District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
WARDEN, London
Correctional Institution,
:
Respondent.
ORDER REINSTATING STAY
This habeas corpus action is before the Court sua sponte. On January13, 2026, the Court
denied Petitioner’s motion to reinstate the stay of these proceedings, but noted it would reconsider
if Petitioner appealed from the Common Pleas Court’s denial of his petition for post-conviction
relief (ECF No. 21). 	Upon examination of the docket of the Ohio Second District Court of
Appeals, the Court finds that that court has denied his motion for leave to file a delayed appeal as
unnecessary and accepted Petitioner’s appeal.
Accordingly, it is hereby ORDERED that the stay of these proceedings is reinstated and
shall continue until completion of the pending appeal proceedings and any further appeal to the
Supreme Court of Ohio. Respondent shall keep this Court currently informed of the status of the
appeal.
February 10, 2026.
s/ Michael R. Merz
United States Magistrate Judge
Case: 3:25-cv-00141-TMR-MRM Doc #: 22 Filed: 02/10/26 Page: 1 of 1 PAGEID #: <pageID>