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02-512 - Chinn v. Warden Mansfield


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02-512 - Chinn v. Warden Mansfield
September 9, 2005
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ORDER denying 31 Petitioner's Motion for Reconsideration of the Court's Opinion and Order dismissing claims as procedurally defaulted . Signed by Judge Edmund A. Sargus on 09/09/2005. (dh)
October 14, 2011
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Petition be dismissed with prejudice but that Petitioner be granted a certificate of appealability on Claims One, Three, Five A, and Thirteen. Objections to R&R due by 10/31/2011. Signed by Magistrate Judge Michael R Merz on 10/14/2011. (kpf1)
June 28, 2013
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Chinn's Objections are unpersuasive. The Magistrate Judge accordingly again respectfully recommends that the Petition be dismissed with prejudice, but that Chinn be granted a certificate of appealability on Grounds One, Three, Five A, and Thirteen. Objections to R&R due by 7/15/2013. Signed by Magistrate Judge Michael R Merz on 6/28/2013. (kpf1)
March 25, 2014
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mend his Habeas Corpus Petition with New Lethal-Injection Claims. The Court directs Petitioner within 60 days of the date the State of Ohio releases any and all reports that result from the investigation into the McGuire execution, to file any amendORDER granting in part and denying in part Doc. 95: The Court grants Petitioner's Unopposed Motion to Stay Consideration of His Lethal-Injection Claims and denies Petitioner's Motion to Set a Deadline for Filing a Motion for Leave to Ament or supplement to Petitioner's twenty-first and twenty-second grounds for relief. Respondent shall have 30 days to file an amended Return of Writ. Petitioner shall have 30 days to file an amended Traverse/Reply. Signed by Judge Edmund A Sargus on 03/25/2014. (dh1)
November 5, 2014
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DECISION AND ORDER; REPORT AND RECOMMENDATIONS - The Motion to extend Chinn's time to plead is GRANTED and his time to amend to add lethal injection claims directed to the then-current Ohio lethal injection protocol is EXTENDED to April 13, 2015. However, the Motion to Stay Consideration of his lethal injection claims to that date is DENIED and it is respectfully recommended that those claims as presently pleaded be dismissed without prejudice as MOOT because directed to a lethal injection protocol which has been superseded. Signed by Magistrate Judge Michael R Merz on 11/5/2014. (kpf1)
September 23, 2015
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REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS; DECISION AND ORDER ON MOTION TO AMEND - The Warden's Motion to Dismiss is technically moot because Chinn proposes to replace the Second Amended Petition with a Third Amended Petition and it is respectfully recommended that the Motion to Dismiss be DENIED on that basis. Objections to R&R due by 10/13/2015. The Motion for Leave to File a Third Amended and Supplemental Petition is DENIED without prejudice to its renewal not later than October 9, 2015. Signed by Magistrate Judge Michael R. Merz on 9/23/2015. (kpf)
October 16, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the Report and Recommendations of Magistrate Judge Merz 127 and noting no objections have been filed and that the time for filing such objections has expired, ADOPTS the Report and Recommendations. It is ORDERED that Respondent's Motion to Dismiss 118 is denied. Signed by Chief Judge Edmund A. Sargus on 10/16/2015. (dh1)
March 2, 2016
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gned by Magistrate Judge Michael R. Merz on 3/2/2016. (kpf) 2016 U.S. Dist. LEXIS 25999 (S.D. Ohio March 2, 2016)DECISION AND ORDER - Petitioner's Renewed Motion for Leave to File an Amended Petition (ECF No. 133) is DENIED for the reasons given herein as to cognizability. The Warden's arguments on specificity of pleading and time bar are REJECTED. Si
February 13, 2017
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DECISION AND ORDER DENYING MOTION TO AMEND 145. Signed by Magistrate Judge Michael R. Merz on 2/13/2017. 2017 U.S. Dist. LEXIS 22088 (S.D. Ohio 2017) (kpf) Modified on 2/27/2017 (kpf).
March 30, 2017
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SUPPLEMENTAL MEMORANDUM OPINION - Having considered the Objections, the Magistrate Judge concludes Petitioner is correct that the procedure followed in his case remand for reweighing by a single judge violates the Constitution as interpreted in Hurst. However, because retroactive application of Hurst is barred under Teague v. Lane, supra., the amendment would be futile. Signed by Magistrate Judge Michael R. Merz on 3/30/2017. (kpf)
April 12, 2017
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***VACATED PER 182*** DECISION AND ORDER - Petitioner's Renewed Motion for Leave to File an Amended Petition (Renewed Motion, ECF No. 155) is GRANTED. Not later than April 24, 2017, Chinn may file a Supplemental Petition including the four proposed Grounds for Relief at Exhibit 1 to the Renewed Motion (ECF No. 155-1). However, the supplemental Grounds for Relief shall be numbered Thirty-One, Thirty-Two, Thirty-Three, and Thirty-Four. Petitioner shall also state in the Supplemental Petition whether any of his previous lethal injection invalidity Grounds for Relief should now be dismissed as moot. Signed by Magistrate Judge Michael R. Merz on 4/11/2017. (kpf) Modified on 4/12/2017 to change document type (kpf). Modified on 10/30/2017 (kpf).
May 22, 2017
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SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered both Petitioner's proposed Hurst claims and the Warden's Objections to Petitioner's Adams III claims, the Magistrate Judge remains persuaded of his original positions: the Hurst claims should not be allowed, but the Adams III claims should. Objections to R&R due by 6/5/2017. Signed by Magistrate Judge Michael R. Merz on 5/22/2017. (kpf)
October 30, 2017
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Merz on 10/30/2017. (kpf)ENTRY VACATING PRIOR ORDER, WITHDRAWING SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS, AND SETTING BRIEFING SCHEDULE - Petitioner is ORDERED to show cause not later than November 6, 2017, why, in light of Campbell, the Court should not deny leave to add lethal injection invalidity claims to this habeas corpus case, particularly in light of the pendency of In re Ohio Execution Protocol Litig., Case No. 2:11-cv-1016, in which Mr. Chinn is a Plaintiff. Signed by Magistrate Judge Michael R.
November 8, 2017
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DECISION AND ORDER - Because Chinn's proposed lethal injection invalidity amendments do not state claims upon which habeas corpus relief can be granted, the Motion to Amend to add them (ECF No. 155) is DENIED. On the basis of Coley, supra, the7). Motion to Amend to add claims under Hurst (ECF No. 145) is again DENIED. Signed by Magistrate Judge Michael R. Merz on 11/8/2017. (kpf) Modified on 1/24/2018 (MRM). Reported at Chinn v. Jenkins, 2017 U.S. Dist. Lexis 185221 (S.D. Ohio Nov. 8, 201
December 13, 2017
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SUPPLEMENTAL MEMORANDUM - Having reconsidered the matter in light of the Appeal, the Magistrate Judge remains convinced that Chinn's lethal injection invalidity and Hurst claims are not cognizable in habeas corpus. It is therefore respectfullyOhio Dec. 13, 2017) recommended that the Chief Judge overruled the Appeal and adopt the original Decision. Signed by Magistrate Judge Michael R. Merz on 12/13/2017. (kpf) Modified on 1/24/2018 (MRM). Reported at Chinn v. Jenkins, 2017 U.S. Dist. LEXIS 204980 (S.D.
January 19, 2018
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SECOND SUPPLEMENTAL MEMORANDUM ON PROPOSED AMENDMENTS. Signed by Magistrate Judge Michael R. Merz on 1/19/2018. (kpf) Modified on 1/24/2018 (MRM). Reported at Chinn v. Jenkins, 2018 U.S. Dist. LEXIS 8548 S.D. Ohio Jan. 19, 2018).