Hurt v. Warden, London Correctional Institution

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION (CINCINNATI)
DYLAN HURT,
Petitioner,
vs.
WARDEN, LONDON CORRECTIONAL
INSTITUTION.
Respondent.
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Case No. 1:26-cv-64
District Judge Susan J. Dlott
Magistrate Judge Caroline H. Gentry
ORDER
This is an action pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus. Petitioner seeks
release from confinement imposed as part of the judgment of a state court in a criminal action.
The case has been referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C.
§ 636(b) and General Order 22-05. Petitioner, who is represented by counsel, has paid the filing
fee to commence this action.
Upon preliminary consideration pursuant to Rule 4 of the Rules Governing § 2254 Cases,
the Court finds that it does not plainly appear from the face of the Petition and any exhibits attached
thereto that Petitioner is not entitled to relief in this Court. 	Accordingly, Respondent is
ORDERED to file an Answer conforming to the requirements of Rule 5 of the Rules Governing
§ 2254 Cases WITHIN SIXTY DAYS of the date of filing of this Order. 	Specifically, said
Answer must respond to each of Petitioner’s allegations, raise any affirmative defenses, and state
whether, from Respondent’s perspective, any claim in the Petition is barred by a failure to exhaust
state remedies, a procedural bar, non-retroactivity, or a statute of limitations.
Case: 1:26-cv-00064-SJD-MRM Doc #: 5 Filed: 02/17/26 Page: 1 of 2 PAGEID #: <pageID>

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Before filing the Answer, Respondent must file those portions of the state-court record
needed to adjudicate this case. When the record is filed electronically, the Court’s CM/ECF filing
system will affix a unique PageID number to each page of the record, displayed in the upper right-
hand corner of the page. All papers filed in the case thereafter by either party must include record
references to the PageID number. Prior to filing the state-court record, Respondent must ensure
that any borders on parts of the record (typically, court reporter transcripts) do not obscure the
PageID number when the page is filed. 	In addition, the record must be indexed by insertion of
“bookmarks” in the .pdf version of the state-court record uploaded to the Court’s CM/ECF system
that display each exhibit and the name of that exhibit in the record.
As required by Federal Rule of Civil Procedure 5, a complete copy of the Answer and state-
court record with the PageID numbers must be served on Petitioner at the time of filing.
Petitioner may, not later than twenty-one (21) days after the Answer is filed, file and serve
a reply to the Answer.
The Clerk of Court is DIRECTED to serve the Petition on Respondent and the Attorney
General 	of 	Ohio, 	Habeas 	Corpus 	Unit 	of 	the 	Corrections 	Litigation 	Section 	c/o
Brian.Higgins@OhioAGO.gov and Habeas.docketclerk@OhioAGO.gov.
IT IS SO ORDERED.
February 17, 2026 	/s/ Caroline H. Gentry
CAROLINE H. GENTRY
United States Magistrate Judge
Case: 1:26-cv-00064-SJD-MRM Doc #: 5 Filed: 02/17/26 Page: 2 of 2 PAGEID #: <pageID>