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12-196 - Smith v. Warden Franklin Medical Center


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12-196 - Smith v. Warden Franklin Medical Center
August 27, 2012
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REPORT AND RECOMMENDATIONS - This capital habeas corpus case is before the Court on remand from the United States Court. The Court should conclude that the instant Petition is not a second or successive petition within the meaning of § 2244(b) and proceed with its adjudication. Objections to R&R due by 9/13/2012. Signed by Magistrate Judge Michael R Merz on 8/27/2012. (kpf1) Modified on 5/16/2017 (MRM). Reported at 2012 U.S. Dist. LEXIS 121019
October 26, 2012
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the matter in light of the Warden's Objections, the Magistrate Judge again respectfully recommends that the Court find, on remand from the Sixth Circuit, that the instant Petition is not barred as a second-or-successive petition under 28 U.S.C. § 2244. Objections to R&R due by 11/13/2012. Signed by Magistrate Judge Michael R Merz on 10/26/2012. (kpf1)
December 4, 2012
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ENTRY AND ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 11) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (Doc. 17) IN THEIR ENTIRETY AND FINDING THAT SMITHS PETITION FOR A WRIT OF HABEAS CORPUS IS NOT BARRED AS A SECOND OR SUCCESSIVE PETITION Signed by Judge Thomas M Rose on 12/4/12. (kje1) Modified on 12/4/2012 to correct text (kje1) NEF REGENERATED.
February 7, 2014
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ORDER granting 29 Motion to Stay- Smith's Motion is GRANTED. Further consideration of Smith's lethal injection claims is STAYED to and including March 17, 2014. Not later than that date, Smith 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)
April 16, 2015
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ENTRY AND ORDER - Petitioner having filed his Motion for Leave to File an Amended and Supplemental Petition for Writ of Habeas Corpus (doc. 46) on April 13, 2015, within the Court's previously ordered time frame, the Court DENIES, as moot, the Petitioner's appeal (doc. 44) of the Court's Decision and Order (doc. 43). Signed by Judge Thomas M. Rose on 4/16/15. (ep)
September 29, 2015
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DECISION AND ORDER - Petitioner's Motion for Leave to File a Second Amended Petition (ECF No. 60) is DENIED without prejudice to its renewal not later than October 30, 2015. Any renewed motion to amend must show clearly the distinction between the proposed lethal injection validity claims and parallel method of execution claims made by Smith as a plaintiff in In re Ohio Lethal Injection Protocol Litig., Case No. 2:11-cv-1016. Signed by Magistrate Judge Michael R. Merz on 9/29/2015. (kpf)
February 16, 2017
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DECISION AND ORDER - Petitioner's Motion for Leave to File an Amended Petition to Address a Newly Ripe Claim under Hurst v. Florida (ECF No. 86) is DENIED. Signed by Magistrate Judge Michael R. Merz on 2/16/2017. 2017 U.S. Dist. LEXIS 22082 (S.D. Ohio 2017) (kpf) Modified on 2/27/2017 (kpf).
April 3, 2017
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MEMORANDUM OPINION AND TRANSFER ORDER - This case is a second-or-successive habeas corpus attack on the same judgment and sentence of death collaterally attacked in Smiths prior habeas case. It thus may not proceed without permission of the circuit court under 28 U.S.C. § 2244(b). This case is therefore ordered TRANSFERRED to the United States Court of Appeals for the Sixth Circuit for determination of whether or not it may proceed. The effective date of this Order is POSTPONED until District Judge Rose decides any appeal from this Order. Signed by Magistrate Judge Michael R. Merz on 4/3/2017. (kpf)
May 17, 2017
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SUPPLEMENTAL MEMORANDUM OPINION - Having reconsidered the matter in light of the Objections, the Magistrate Judge remains persuaded that this case must be transferred to the Sixth Circuit Court of Appeals. Signed by Magistrate Judge Michael R. Merz on 5/17/2017. (kpf)
July 17, 2017
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document type(kpf).ENTRY AND ORDER OVERRULING APPEAL 105 AND OBJECTIONS 111, AFFIRMING TRANSFER ORDER 103, AND DIRECTING TRANSFER OF THIS CASE TO THE SIXTH CIRCUIT COURT OF APPEALS. Signed by Judge Thomas M. Rose on 7-17-2017. (de) Modified on 7/18/2017 to change