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00-767 - Raglin v. Mitchell


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00-767 - Raglin v. Mitchell
July 12, 2005
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REPORT AND RECOMMENDATIONS re 71 Motion to Dismiss the Second, Thirty-Seventh, and Thirty-Eighth Grounds for Relief in Petitioner's Amended Petition for Writ of Heabeas Corpus. Recommending that under Mayle v. Felix, supra, Petitioner's newly-added claims are barred by the statute of limitations and should be dismissed with prejudice. Objections to R&R due by 7/29/2005. Signed by Judge Michael R Merz on 7/12/2005. (veda, )
August 5, 2005
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 86: It is ORDERED that Respondent's Motion to Dismiss the Second, Thirty-Seventh, and Thirty-Eighth Grounds for Relief in the Amended Petition be granted and that such claims be, and they hereby are, DISMISSED with prejudice as barred by the statute of limitations in 28 USC Section 2244(d). Signed by Judge Walter H Rice on 8/4/05. (bev, )
February 2, 2006
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REPORT AND RECOMMENDATIONS re Petition for Writ of Habeas Corpus filed by Walter Raglin - IT IS RESPECTFULLY RECOMMENDED that the First Amended Petition be dismissed with prejudice. Objections to R&R due by 2/21/2006. Signed by Judge Michael R Merz on 2/2/06. (dp1 )
June 29, 2006
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of Petitioner's Objections, it is again RESPECTFULLY RECOMMENDED that the First Amended Petition be dismissed with prejudice. Objections to R&R due by 7/18/2006. Signed by Judge Michael R Merz on 6/29/06. (dp1 )
October 18, 2006
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DECISION AND ORDER DENYING SECOND MOTION FOR NEW COUNSEL 105 . Signed by Judge Michael R Merz on 9/20/06. (dp1 )
May 13, 2009
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DECISION AND ORDER ON AMENDED MOTION FOR DISCOVERY - Petitioner's Amended Motion for Discovery (Doc. No. 147) is DENIED. Signed by Magistrate Judge Michael R Merz on 5/13/2009. (kopf1, )
June 9, 2011
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MEMORANDUM OPINION - In this case, although discovery was permitted, no evidentiary hearing was sought or held, so there is no evidence from such a hearing to exclude from consideration on the § 2254(d)(1) issue, as Cullen requires. Nor was any evidence gathered in discovery added to the record by way of a motion to expand. Therefore Cullen will not impact this Court's decision on the § 2254(d)(1) issue. Signed by Magistrate Judge Michael R Merz on 6/9/2011. (kpf1)
January 10, 2012
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REPORT AND RECOMMENDATIONS ON PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY - Objections to R&R due by 1/27/2012. Signed by Magistrate Judge Michael R Merz on 1/09/2012. (kpf1)
April 4, 2012
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY - Nothing in the Notice of Additional Authority persuades the Magistrate Judge that changes are needed in the recommendation already made. Objections to R&R due by 4/23/2012. Signed by Magistrate Judge Michael R Merz on 4/3/2012. (kpf1)
July 11, 2012
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REPORT AND RECOMMENDATIONS the Magistrate Judge recommends the Objectionbe overruled on the basis set forth in the Magistrate Judge's Supplemental Opinion and Recommendations in Waddy v. Coyle, Case No. 3:98-cv-084 (Doc. No. 188). Objections to R&R due by 7/30/2012. Signed by Magistrate Judge Michael R Merz on 7/11/2012. (sc1)
September 29, 2013
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ORDER adopting Report and Recommendations re 89 Report and Recommendation; adopting Report and Recommendations re 100 Report and Recommendations; adopting in part Report and Recommendations re 169 Report and Recommendations; adopting in part Report and Recommendations re 176 Report and Recommendations; and overruling Respondent's Objections to the Magistrate Judge's 177 Decision and Order and 188 Supplemental Opinion and Recommendation granting Petitioner's Motion for Leave to File a Second Amended Petition; Petitioner shall file his Second Amended Petition within 14 days of the entry of this Order. Signed by Judge Michael R. Barrett on 9/28/13. (ba1)
February 7, 2014
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ORDER granting 200 Motion to Stay- Raglins lethal injection claims are STAYED to and including March 17, 2014. Not later than that date,Raglin must move to amend to add any claims cognizable in habeas corpus which he has regarding Ohios current lethal injection protocol.. Signed by Magistrate Judge Michael R Merz on 2/7/2014. (mrm3)
February 10, 2014
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REPORT AND RECOMMENDATIONS re 178 Amended Petition for Writ of Habeas Corpus filed by Walter Raglin. Raglin concedes that his Thirty-Ninth and Fortieth Grounds for Relief are no longer viable, it is respectfully recommended that those claims be dismissed without prejudice as moot. Objections to R&R due by 2/27/2014. Signed by Magistrate Judge Michael R Merz on 2/7/2014. (mrm3)
March 3, 2014
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ORDER adopting Report and Recommendations re 204 Report and Recommendation; Petitioner's 39th and 40th grounds for relief are dismissed without prejudice as moot. Signed by Judge Michael R. Barrett on 3/3/14. (ba1) Modified on 3/4/2014 (ba1) to correct typo.
November 3, 2014
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including April 13, 2015, to move for further amendment to add new lethal injection claims be DENIED. Signed by Magistrate Judge Michael R Merz on 11/3/2014. (kpf1) Modified on 11/21/2014 (ba1).DECISION AND ORDER; REPORT AND RECOMMENDATIONS - It is respectfully RECOMMENDED that the Court enter final judgment on itsOrder of September 29, 2013 (Doc. No. 198, PageID 2367) (1) dismissing with prejudice all claims in the First Amended Petition except Grounds Thirty-Nine and Forty; (2) granting a certificate of appealability as set forth in that Order; and (3) certifying under Fed. R. Civ. P. 54 that the judgment is final. And it is ORDERED that Raglins Motion for an extension of time to and
September 15, 2015
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ORDER - Motion to Amend is accordingly DENIED. Raglin may move again to amend not later than October 5, 2015. If he does so, he must state plainly how the claims he wishes to plead here differ from the claims he has pled in In re Ohio Lethal Injection Protocol Litig., Case No. 2:11-cv-1016.. Signed by Magistrate Judge Michael R. Merz on 9/15/2015. (ead) Modified on 9/21/2015 to correct document type (kpf). Raglin v. Mitchell, 2015 U.S. Dist. LEXIS 125768 (S.D. Ohio Sept. 15, 2015)
February 26, 2016
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***WITHDRAWN PER 253*** DECISION AND ORDER - Petitioner's Renewed Motion for Leave to File aThird Amended and Supplemental Petition for Writ of Habeas Corpus (ECF No. 247) is DENIED. Signed by Magistrate Judge Michael R. Merz on 2/26/2016. (kpf) 2016 U.S. Dist. LEXIS 23807 (S.D. Ohio February 26, 2016) Modified on 3/18/2016 (kpf).
July 28, 2016
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DECISION AND ORDER - Petitioner's Motion for Reconsideration of Ground [for Relief] 27(A)(ECF No. 254) and Motion for Leave to File an Amended Petition and To Stay These Proceedings and Hold Them in Abeyance (ECF No. 255) are DENIED. Signed by Magistrate Judge Michael R. Merz on 7/28/2016. (kpf)
December 2, 2016
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REPORT AND RECOMMENDATIONS ON PETITIONER'S MOTION TO EXPAND THE CERTIFICATE OF APPEALABILITY re 264 - Conclusion Because, as Judge Hinkle found, reasonable jurists could disagree on the retroactivity of Hurst and the applicability of Montgomery, the Magistrate Judge respectfully recommends that Petitioners Motion to Expand the Certificate of Appealability be GRANTED. Objections to R&R due by 12/19/2016. Signed by Magistrate Judge Michael R. Merz on 12/2/2016. (srb)
January 3, 2017
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ORDER adopting Report and Recommendation re 267 Report and Recommendation granting 264 Motion for Certificate of Appealability. Signed by Judge Michael R. Barrett on 12/30/16. (ba)
April 10, 2017
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DECISION AND ORDER - To the extent and for the reasons set forth within, Raglin's Renewed Motion 272 is GRANTED. Petitioner may, not later than April 24, 2017, file a Third Amended Petition with specific instructions. Signed by Magistrate Judge Michael R. Merz on 4/10/2017. (kpf) Modified on 4/10/2017 to change document type (kpf).
November 13, 2017
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aintiff. Signed by Magistrate Judge Michael R. Merz on 11/13/2017. (kpf)DECISION AND ORDER VACATING PRIOR DECISION AND DENYING MOTION TO AMEND - All of Petitioner's proposed claims which would have reopened for further adjudication under this Courts prior order are now rejected. The Court should enter final judgment based on its decision of September 29, 2013. Denial of leave to add lethal injection invalidity claims should be without prejudice to Raglin's pursuing them in In re Ohio Execution Protocol Litig., Case No. 2:11-cv-1016, where he is a pl
December 29, 2017
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SUPPLEMENTAL OPINION ON MOTION TO AMEND- Conclusion: Having reconsidered the matter as directed in the Recommittal Order, the Magistrate Judge remains of the opinion that Raglin should be denied permission to add his proposed Grounds for Relief 41, 42, 43, 44, and 45. Signed by Magistrate Judge Michael R. Merz on 12/29/17. (kma)