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07-948 - Lynch v. Hudson


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07-948 - Lynch v. Hudson
February 25, 2009
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ORDER granting in part and denying in part 16 Respondent's Motion to Dismiss Procedurally Defaulted Claims. Signed by Judge Gregory L Frost on 2/25/09. (sem1, )
October 29, 2009
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ORDER granting 27 Petitioner's Request for funds to employ a neuropsychologist and denying Petitioner's Request for funds to employ a clinical psychologist. Signed by Judge Gregory L Frost on 10/29/09. (sem1)
September 28, 2011
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ORDER denying 59 Petitioner's Motion for an Evidentiary Hearing; granting 65 Respondent's Motion for Reconsideration of the Court's Order granting Rule 7 Expansion of the Record; The Court also DENIES Petitioner's Habeas Corpus Claims and DISMISSES this action; The Court further CERTIFIES FOR APPEAL Grounds One, Two, Five, Seven, Eight, Ten, Eleven and Thirteen. Signed by Judge Gregory L Frost on 9/28/11. (sem1)
February 8, 2012
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ORDER denying 71 Petitioner's Motion to Alter or Amend the Judgment and denying 72 Petitioner's Motion to Stay this Matter and hold the Proceedings In Abeyance. Signed by Judge Gregory L Frost on 2/8/12. (sem1)
April 21, 2016
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OPINION AND ORDER - re 92 Brief - Petitioner filed by Ralph Lynch. The Court adheres to its original decision that Pinholster precludes the Court from considering Dr. Gelbort's materials as to any of Petitioner's claims that the state courts adjudicated on the merits. Signed by Judge Gregory L. Frost on 4/21/16. (kn)
June 14, 2016
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that Petitioner's Motion to Alter and Amend under Fed. R. Civ. P. 59(e) (ECF No. 104) be DENIED. Objections to R&R due by 7/1/2016. Signed by Magistrate Judge Michael R. Merz on 6/13/2016. (kpf)
July 28, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS; SCHEDULING ORDER - Even though this case is before the Court on a general remand from the Sixth Circuit, the Courts judgment of September 28, 2011, remains final. That is to say, even if this Supplemental Report and Recommendations is adopted by Judge Barrett, the only changes to the final judgment will be (1) Judge Frost's decision that the Gelbort Affidavit is barred by Pinholster and (2) the determination that Hall and Brumfield apply to this case generally without any conclusion as to what difference that makes. As the Report notes, Petitioner's argument about the applicability of those cases is very cursory. It is accordingly ORDERED that Lynch file any motion he may wish the Court to consider under Fed. R. Civ. P. 60(b), arguing the applicability of Hall and Brumfield to this case not later than September 1, 2016. Objections to R&R due by 8/15/2016. Signed by Magistrate Judge Michael R. Merz on 7/28/201 6. (kpf)
August 29, 2016
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ORDER - It is ORDERED that the Court's prior Order that Petitioner file a motion under Fed. R. Civ. P. 60(b) raising his claims that Hall and Brumfield apply to this case be, and it hereby is AMENDED to set the date for filing to fourteen days after the District Judges ruling on Lynch's above-mentioned objection. Signed by Magistrate Judge Michael R. Merz on 8/29/2016. (kpf)
September 2, 2016
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SUBSTITUTED REPORT AND RECOMMENDATIONS; SCHEDULING ORDER - This capital habeas corpus case is before the Court on Objections both by Respondent(ECF No. 111) and by Petitioner (ECF No. 112) to the Magistrate Judges Supplemental Report and Recommendations (ECF No. 110) as to the appropriate disposition of Petitioners Motion to Alter or Amend (ECF No. 104) Judge Frosts Opinion and Order of April 21, 2016 (ECF No.101). Judge Barrett has recommitted the matter for reconsideration in light of the Objections (ECF No. 114). To simplify review, the Magistrate Judge WITHDRAWS the Report and Recommendations (ECF No. 106) and Supplemental Report and Recommendations (ECF No.110) and treats all issues raised by the parties in this one Substituted Report. The Magistrate Judge will file a supplement to this Substituted Report and Recommendations recommending to Judge Barrett an appropriate disposition of Lynchs arguments as to how Hall and Brumfield apply to this case. Objections to R&R due by 9/19/2016. Signed by Magistrate Judge Michael R. Merz on 9/2/16. (pb)
February 3, 2017
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Objections to R&R due by 2/17/2017. Signed by Magistrate Judge Michael R. Merz on 2/3/2017. 2017 U.S. Dist. LEXIS 15496 (S.D. Ohio 2017) (kpf) Modified on 2/27/2017 (kpf).SUPPLEMENT TO SUBSTITUTED REPORT AND RECOMMENDATIONS - This Court should DENY Petitioner's Motion to Amend (ECF No. 104) and advise the Sixth Circuit that the remand is completed so that it may resume consideration of the case on the merits.
August 9, 2017
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SECOND SUPPLEMENT TO SUBSTITUTED REPORT ANDRECOMMENDATIONS - Having reconsidered the matter in light of the Objections and in light of Moore v. Texas, supra, the Magistrate Judge again respectfully recommends the District Court deny Lynch's Motion to Amend (ECF No. 104) and advise the Sixth Circuit that the remand has been completed, so that it may resume its review on the merits. Objections to R&R due by 8/23/2017. Signed by Magistrate Judge Michael R. Merz on 8/9/2017. (kpf)