Williamson v. Warden, Chilicothe Correctional Institution, No. 1:2008cv00631 - Document 24 (S.D. Ohio 2009)

Court Description: DECISION AND ORDER; DATE SET FOR REPLY - This case was transferred this date to the undersigned and is before the Court on Petitioner's Motion for Default Judgment (Doc. No. 19). The record in the case shows that Petitioner is not entitled to a default judgment in that the Respondent filed a Return of Writ herein on May 11, 2009 (Doc. No. 18). Therefore the Motion is denied. The case is also before the Court on Petitioner's Motion Civil Rule 60(B) Voidable Process (Relief from Judgmen t)(Doc. No. 20). This Court has no authority to grant relief from a state criminal judgment under Fed. R. Civ. P. 60(b); its only authority to do so is under the habeas corpus statutes. Therefore, the Motion is denied. Pursuant to Rule 5(e) of the Rules Governing Section 2254 Cases, Petitioner may file a reply to the Return of Writ not later than November 15, 2009. Signed by Magistrate Judge Michael R Merz on 10/14/2009. (kpf1)