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09-059 - McKnight v. Warden, Ohio State Penitentiary


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09-059 - McKnight v. Warden, Ohio State Penitentiary
November 15, 2010
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DECISION AND ORDER STRIKING RESPONDENT'S MOTION FOR JUDGMENT ON THE PLEADINGS. Signed by Magistrate Judge Michael R Merz on 11/15/2010. (kpf1)
February 2, 2011
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ORDER granting in part and denying in part 27 Motion for Discovery and setting discovery cut-off of April 15, 2011. Signed by Magistrate Judge Michael R Merz on 2/2/2011. (mrm0)
April 7, 2011
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DECISION AND ORDER GRANTING RESPONDENT'S MOTION FOR STAY - In light of the uncertain impact of Cullen on this and other capital habeas corpus litigation, the Motion for Stay of Discovery is GRANTED. The Warden may file a memorandum in support of his request for reconsideration of discovery not later than April 18, 2011. Petitioner may respond and the Warden may reply to the response within the times allowed by S. D. Ohio Civ. R. 7.2. Signed by Magistrate Judge Michael R Merz on 4/7/2011. (kpf1)
June 9, 2011
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DECISION AND ORDER - The stay of discovery entered to allow reconsideration in light of Cullen is DISSOLVED. Petitioner shall complete the deposition of attorney Schneider not later than July 9, 2011. Petitioner's motion for evidentiary hearing must be filed not later than thirty days after the completion of the Schneider deposition. Signed by Magistrate Judge Michael R Merz on 6/9/2011. (kpf1)
July 11, 2012
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SUPPLEMENTAL OPINION AND RECOMMENDATIONS - the Magistrate Judge recommends the Objection be overruled on the basis set forth in the Magistrate Judges 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)
October 23, 2012
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SUPPLEMENTAL OPINION by Magistrate Judge Michael R Merz dated 10/22/2012. (kpf1)
November 7, 2012
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ORDER overruling the Warden's Objections and Supplemental Objections.. Signed by Chief Judge Susan J. Dlott on 11/7/12. The Wardens Objections (Doc. 71) and Supplemental Objections (Doc. 87) are OVERRULED and the Magistrate Judges Decision and Order (Doc. 68) and Supplemental Opinion and Recommendations (Doc. 80) are AFFIRMED. (wam1)
January 2, 2013
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SECOND SUPPLEMENTAL OPINION ON PETITIONER'S RENEWED MOTION FOR EVIDENTIARY HEARING ON GROUNDS FOR RELIEF TWENTY-SEVEN AND THIRTY-THREE - Upon reconsideration, the Magistrate Judge does not find that the Objections require amendment of the prior conclusion that McKnight is not entitled to an evidentiary hearing on his Twenty-Seventh and Thirty-Third Grounds for Relief. Regarding his reliance on Martinez v. Ryan, the Magistrate Judge concludes the claims/evidence adverted to in the Swanson Affidavit remain unexhausted in the Ohio courts and cannot be considered by this Court until they are exhausted. Signed by Magistrate Judge Michael R Merz on 12/31/2012. (kpf1)
August 2, 2016
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DECISION AND ORDER - Petitioner's Motion to Stay these Proceedings pending his filing a successor petition for post-conviction relief in the Ohio courts (ECF No. 202) is DENIED. Signed by Magistrate Judge Michael R. Merz on 8/2/2016. (kpf)
February 14, 2017
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ORDER overruling 211 Objections of the Magistrate's Judge Decision 210 filed by Gregory McKnight. Signed by Judge Susan J. Dlott on 2/14/17. (wam)
February 15, 2017
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DECISION AND ORDER DENYING MOTION TO AMEND 215. Signed by Magistrate Judge Michael R. Merz on 2/15/2017. 2017 U.S. Dist. LEXIS 21946 (S.D. Ohio 2017) (kpf) Modified on 2/27/2017 (kpf).
March 28, 2017
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SUPPLEMENTAL MEMORANDUM OPINION ON MOTION TO AMEND - The Magistrate Judge remains persuaded that that this Court should decide the retroactivity question in the first instance, but should decide it against McKnight because Hurst is neither a new substantive rule or a new watershed rule of constitutional procedure. Signed by Magistrate Judge Michael R. Merz on 3/27/2017. (kpf)
March 29, 2017
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SUPPLEMENTAL MEMORANDUM OPINION ON AUTHORIZATION TO APPEAR IN ANCILLARY STATE COURT LITIGATION. Signed by Magistrate Judge Michael R. Merz on 3/28/2017. (kpf)
April 12, 2017
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DECISION AND ORDER - Petitioner's Motion for Leave to File an Amended Petition to Include Amended Lethal injection Grounds for Relief (ECF No. 230) is GRANTED. In lieu of the method of accomplishing the amendment proposed by McKnight, he shall file a Supplemental Petition not later than April 24, 2017, containing the proposed Grounds for Relief set forth in Exhibit 1 to the Motion (ECF No. 230-1). Signed by Magistrate Judge Michael R. Merz on 4/11/2017. (kpf) Modified on 4/12/2017 to change document type (kpf).
April 27, 2017
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DECISION and ORDER affirming Magistrate Judge Decision. Accordingly, the Magistrate Judges denial of Petitioners proposed Hurst amendment and of his ancillary motion for authorization to appear in state court to present such a claim is AFFIRMED. Signed by Judge Susan J. Dlott on 4/27/17. (wam)
December 21, 2017
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REPORT AND RECOMMENDATIONS - This Court should follow Campbell and dismiss Grounds for Relief Forty-One, Forty- Two, Forty-Three, and Forty-Four. The Warden seeks dismissal with prejudice, but because the Court does not reach the substantive constitutional questions, dismissal should be without prejudice to their consideration in in a civil rights case under 42. U.S.C. § 1983. In other words, the fact that they are not cognizable in habeas does not mean they are without merit. re 257. Objections to R&R due by 1/4/2018. Signed by Magistrate Judge Michael R. Merz on 12/21/17. (pb)
January 24, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 261 Report and Recommendations. Accordingly it is hereby Ordered that 257 Petitioners Forty-First, Forty-Second, Forty-Third, and Forty-Fourth Grounds for Relief be DISMISSED WITHOUT PREJUDICE to their inclusion in an action under 42 U.S.C. § 1983.. Signed by Judge Susan J. Dlott on 1/24/18. (wam)