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07-111 - Hughbanks v. Hudson


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07-111 - Hughbanks v. Hudson
July 20, 2009
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DECISION AND ORDER CLARIFYING THE COURT'S ORDER ALLOWING EXPANSION OF THE RECORD. Signed by Magistrate Judge Michael R Merz on 7/20/2009. (kopf1, )
May 22, 2015
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ORDER DISSOLVING STAY AND SETTING SCHEDULE - Respondent has notified the Court that the Ohio Supreme Court has declined to exercise jurisdiction over Petitioner's appeal from denial of his petition for post-conviction relief related to his Third and Tenth Claims for Relief. Those remedies having now been exhausted, the stay is DISSOLVED.Not later than July 1, 2015, Respondent shall file an amended return of writ conforming to the requirements of Rule 5 of the Rules Governing 2254 Cases.Petitioner may, not later than twenty-one days after the answer is filed, file and serve a reply to the answer. Signed by Magistrate Judge Michael R. Merz on 5/22/2015. (kpf)
January 31, 2017
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DECISION AND ORDER ON MOTION TO DISMISS - Warden's Motion to Dismiss for Untimely Filing the Fourth Ground for Relief (ECF No. 191) is GRANTED. Petitioner concedes that his Fifteenth, Sixteenth, Seventeenth, and Eighteenth Claims for Relief are barred by the statute of limitations (ECF No. 19) As to those four Claims for Relief, the Motion to Dismiss is also GRANTED. Signed by Magistrate Judge Michael R. Merz on 1/31/2017. (kpf)
April 12, 2017
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DECISION AND ORDER ON MOTION TO AMEND - Hughbanks' Motion for Leave to File an Amended Petition (ECF No. 203) is GRANTED. He shall file not later than April 24, 2017, a Third Amended Petition including all (but only) the grounds for relief he has been permitted to plead heretofore. Signed by Magistrate Judge Michael R. Merz on 4/12/2017. (kpf) Modified on 4/12/2017 to change document type (kpf).
April 13, 2017
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CORRECTED DECISION AND ORDER ON MOTION TO AMEND - Hughbanks' Motion for Leave to File an Amended Petition (ECF No. 203) is GRANTED. He shall file not later than April 24, 2017, a Third Amended Petition including all (but only) the grounds for relief he has been permitted to plead heretofore. Signed by Magistrate Judge Michael R. Merz on 4/12/2017. (kpf)
June 22, 2017
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DECISION AND ORDER ON MOTION TO DISMISS LETHAL INJECTION AS-APPLIED CLAIMS - The Warden's Motion to Dismiss 215 is DENIED. Signed by Magistrate Judge Michael R. Merz on 6/22/2017. (kpf)
November 3, 2017
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DECISION AND ORDER - Upon Petitioner's oral motion during the status conference, with consent of the Respondent, pursuant to Fed. R. Civ. P. 41, Claim of Relief Twenty-One is DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge Michael R. Merz on 11/3/2017. (kpf)
November 13, 2017
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DECISION AND ORDER GRANTING MOTION TO DISMISS LETHAL INJECTION CLAIM. Signed by Magistrate Judge Michael R. Merz on 11/13/2017. (kpf)