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14-2580 - Henness v. Warden Chillicothe Correctional Institution


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14-2580 - Henness v. Warden Chillicothe Correctional Institution
February 23, 2015
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DECISION AND ORDER; REPORT AND RECOMMENDATIONS - Respondent's Motion to Transfer the case to the Sixth Circuit for that Court's consideration of whether Henness should be permitted to proceed (Doc. No. 7) is DENIED. It is recommended that the request to dismiss because Henness' claims are said to be non-cognizable in habeas corpus should be DENIED.Objections to R&R due by 3/12/2015. Signed by Magistrate Judge Michael R Merz on 2/23/2015. (kpf1)
August 17, 2015
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ENTRY WITHDRAWING REPORT AND RECOMMENDATIONS; NEW SCHEDULE SET - The Report and Recommendations portion of ECF No. 14 is WITHDRAWN. Petitioner is granted leave to amend his Petition to reference the present Ohio lethal injection protocol not later than September 1, 2015. Should the Warden wish to do so, she shall file her motion to dismiss the newly-amended petition on the basis of Glossip, supra, not later than September 15, 2015. Any memorandum in opposition and reply memorandum shall be filed in accordance with the schedule in S. D. Ohio Civ. R. 7.2. Signed by Magistrate Judge Michael R. Merz on 8/17/2015. (kpf)
November 2, 2015
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REPORT AND RECOMMENDATIONS; TRANSFER ORDER - It is respectfully recommended that no decision be rendered on the Motion to Dismiss until the Sixth Circuit has decided under 28 U.S.C. § 2244(b) whether this case may proceed and the case is ordered TRANSFERRED to the Sixth Circuit for purposes of that decision. Transfer to the Sixth Circuit is STAYED until District Judge Barrett has decided any objections which may be filed to this Report and Order or until the time for such objections has expired, whichever is later. Objections to R&R due by 11/19/2015. Signed by Magistrate Judge Michael R. Merz on 11/2/2015. (kpf)
January 4, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON PETITIONER'S OBJECTIONS TO THE TRANSFER ORDER - It is respectfully recommended that the District Court overrule Petitioner's Objections to the Transfer Order and permit it to become effective. Objections to R&R due by 1/22/2016. Signed by Magistrate Judge Michael R. Merz on 1/4/2016. (kpf)
March 16, 2016
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ORDER WITHDRAWING REPORT AND RECOMMENDATIONS AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is hereby ORDERED that the Reports and Recommendations (ECF Nos. 30 & 35)) be, and they are hereby, WITHDRAWN. Petitioner is granted leave to file a supplemental memorandum in opposition to the Motion to Dismiss not later than April 1, 2016. The Warden may file a responsive memorandum not later than two weeks after the Petitioner files. Signed by Magistrate Judge Michael R. Merz on 3/16/2016. (kpf)
May 10, 2016
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that Respondent's Motion to Dismiss this case as presenting a lethal injection protocol claim not cognizable in habeas corpus (ECF No. 27) be DENIED without prejudice to its renewal not later than thirty days after the mandate issues in Adams II. Objections to R&R due by 5/27/2016. Signed by Magistrate Judge Michael R. Merz on 5/10/2016. (kpf)
June 22, 2016
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ORDER adopting Report and Recommendations re 41 Report and Recommendation denying 27 Motion to Dismiss; no later than 30 days from the mandate respondent may renew their motion to dismiss. Signed by Judge Michael R. Barrett on 6/22/16. (ba)
February 27, 2017
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TRANSFER ORDER - Because this Court has no jurisdiction to adjudicate the claims already pled or to decide the Motion to Amend, it is hereby ordered that this case be TRANSFERRED to the Sixth Circuit Court of Appeals for its determination under 28tt thereafter disposes of those objections, whichever is later. Signed by Magistrate Judge Michael R. Merz on 2/27/2017. 2017 U.S. Dist. LEXIS 27097 (S.D. Ohio 2017) (kpf) Modified on 2/28/2017 (kpf). U.S.C. § 2244(b) whether the Petitioner may proceed on all or any of his claims made or intended to be made. This Transfer Order is STAYED until the expiration of time for the parties to object under Fed. R. Civ. P. 72(a) or until Judge Barre
April 26, 2017
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SUPPLEMENTAL MEMORANDUM OPINION ON TRANSFER ORDER - Having reconsidered the matter on recommittal, the Magistrate Judge remains persuaded that both the First Amended Petition and the Motion to Amend to add a claim under Hurst are second-or-successive habeas applications. It is therefore respectfully recommended that the District Court affirm the Transfer Order.. Signed by Magistrate Judge Michael R. Merz on 4/26/2017. (kpf)