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11-071 - USA v. Larkins et al


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11-071 - USA v. Larkins et al
November 24, 2015
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REPORT AND RECOMMENDATIONS as to Terrance White - It is respectfully recommended that the Motion to Dismiss be denied and that the case continue to be referred to the Magistrate Judge for further proceedings. Objections to R&R due by 12/11/2015. Signed by Magistrate Judge Michael R. Merz on 11/24/2015. (kpf)
December 11, 2015
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ORDER ADOPTING IN PART 615 REPORT AND RECOMMENDATIONS AND CONTINUING THE ORDER OF REFERENCE: The Court finds the Defendant's Objection WELL TAKEN. The 2255 Motion is therefore, pursuant to the original Order of Reference, REMANDED to the Magistrate Judge for further proceedings, including determining whether an evidentiary hearing is warranted, conducting such a hearing if warranted, and rendering a report and recommendations on the merits Signed by Judge Susan J. Dlott on 12/11/2015. (jlw)
March 27, 2017
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NOTICE OF FILING AND RESPONSE DATE; ORDER REGARDING CERTIFICATE OF SERVICE as to Terrance White - The Government's time to respond to the motion to amend and for evidentiary hearing will expire April 10, 2017. If the Government intends not to file a response, the Court would appreciate being notified of that fact. Signed by Magistrate Judge Michael R. Merz on 3/27.2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 27, 2017
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DECISION AND ORDER ON MOTION TO AMEND as to Terrance White (3) - Defendant's Motion to Amend (ECF No. 683) is DENIED because the new grounds are barred by the statute of limitations. Signed by Magistrate Judge Michael R. Merz on 4/27/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 28, 2017
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ORDER as to Terrance White- This action under 28 U.S.C. § 2255 is before the Court on Defendant Terrance Whites Amended Motion for Evidentiary Hearing and Disclosure of Lay Witnesses (ECF No. 715). The Motion was filed December 5, 2017, and served on the United States through the Courts electronic filing system. Under S. D. Ohio Civ. R. 7.2, any memorandum in opposition was dueto be filed and served not later than December 27, 2017, but no memorandum was filed. The Court thus takes the Motion as unopposed. With respect to the eleven listed witnesses other than Mr. White, the Motion asserts that the person may have information related to some or all of Mr. Whites claims for relief...That form of identification does not evidence contact between Mr. Whites counsel and the witness to determine what testimony the witness can in fact provide. If the Government desires to conduct discovery to determine the content of that testimony, it is reminded of the provisions of Rule 6 of the Rules Governing § 2255 Proceedings. Counsel for the parties shall consult with one another to decide the length of time required for the hearing and then contact the Courts judicial assistant, Kelly Kopf, to choose a date. In order to ensure Mr. Whites presence, the United States Marshal requires issuance of a writ of habeas corpus ad testificandum at least thirty days in advance of the hearing. Signed by Magistrate Judge Michael R. Merz on 12/28/17. (kma)