Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

08-076 - Bays v. Warden Ohio State Penitentiary


Download Files

Metadata

Document in Context
08-076 - Bays v. Warden Ohio State Penitentiary
June 9, 2009
PDF | More
ENTRY AND ORDER ADOPTING IN PART THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS (Doc. #23) AND ADOPTING THE MAGISTRATE JUDGES SUPPLEMENTAL REPORT AND RECOMMENDATIONS (Doc. #30). Signed by Judge Thomas M Rose on 06/09/09. (phil1, )
September 10, 2009
PDF | More
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S MOTION FOR DISCOVERY; SCHEDULING ORDER - Petitioner may depose his trial counsel on his second and fourth claims of ineffective assistance of trial counsel. He may also depose trial counsel on the first and third claims of ineffective assistance of trial counsel. Discovery of the complete Xenia Police Department files regarding the investigation of the murder of Charles Weaver is denied. All discovery in this case shall be completed not later than November 9, 2009, and any motion for evidentiary hearing shall be filed not later than December 9, 2009. Signed by Magistrate Judge Michael R Merz on 9/10/2009. (kopf1, )
January 18, 2011
PDF | More
ORDER granting in part and denying in part 86 Motion for Reconsideration. Signed by Magistrate Judge Michael R Merz on 1/18/2011. (mrm0)
February 21, 2012
PDF | More
REPORT AND RECOMMENDATIONS re 16 Petition for Writ of Habeas Corpus filed by Richard Bays - Mr. Bays Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, (Doc. 16), should be denied. It is therefore respectfully recommended that judgment be entered in favor of the Respondent and against the Petitioner dismissing the Petition with prejudice. Objections to R&R due by 3/9/2012. Signed by Magistrate Judge Michael R Merz on 02/18/12. (pb1)
August 6, 2012
PDF | More
ENTRY AND ORDER OVERRULING BAY'S OBJECTIONS (Doc. 127) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 109) AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 109) IN ITS ENTIRETY. Signed by Judge Thomas M Rose on 8/6/12. (kje1)
October 31, 2012
PDF | More
REPORT AND RECOMMENDATIONS ON CERTIFICATE OF APPEALABILITY - It is respectfully recommended that a certificate of appealability be issued on Ground Five but otherwise denied. Objections to R&R due by 11/19/2012. Signed by Magistrate Judge Michael R Merz on 10/31/2012. (kpf1)
December 28, 2012
PDF | More
SUPPLEMENTAL REPORT AND RECOMMENDATIONS re 137 REPORT AND RECOMMENDATIONS re 128 MOTION for Certificate of Appealability filed by Richard Bays. In accordance with the foregoing analysis, it is again respectfully recommended that a certificate of appealability be granted on the Fifth Ground for Relief, but otherwise denied. Objections to R&R due by 1/14/2013. Signed by Magistrate Judge Michael R Merz on 12/27/2012. (kf)
January 29, 2013
PDF | More
ENTRY AND ORDER OVERRULING BAYS' OBJECTIONS (Doc. 139) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS; OVERRULING BAYS OBJECTIONS (Doc. 146)TO THE MAGISTRATE JUDGE'S SUPPLEMENTAL REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 137) ANDSUPPLEMENTAL REPORT AND RECOMMENDATIONS (Doc. 145) IN THEIR ENTIRETY AND GRANTING BAYS A CERTIFICATE OF APPEALABILITY ON HIS FIFTH GROUND FOR RELIEF ONLY. Signed by Judge Thomas M Rose on 1/29/13. (kje1)
August 22, 2013
PDF | More
DECISION AND ORDER denying Petitioner's Motion for Leave to File and Amended Petition (Doc. No. 153). Signed by Magistrate Judge Michael R Merz on 8/22/2013. (kpf1)
January 3, 2014
PDF | More
ENTRY AND ORDER OVERRULING BAYS' OBJECTIONS (Doc. 162)TO THE MAGISTRATE JUDGE'S DECISION AND ORDER (Doc. 160); OVERRULING BAYS' OBJECTIONS (Doc. 171) TO THE MAGISTRATE JUDGE'S SUPPLEMENTAL OPINION AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (Doc. 169); ADOPTING THE MAGISTRATE JUDGE'S SUPPLEMENTAL REPORT AND RECOMMENDATIONS (Doc. 169) IN ITS ENTIRETY; DISMISSING BAYS' SECOND MOTION FOR LEAVE TO FILE AN AMENDED PETITION (Doc. 153) AND DECLINING TO CERTIFY ANY RELEVANT QUESTION TO THE OHIO SUPREME COURT. Signed by Judge Thomas M Rose on 1/2/14. (ep)
November 5, 2014
PDF | More
y recommended that the District Judge enter judgment: 1. Dismissing Petitioner's Grounds for Relief Twelve and Thirteen without prejudice as moot because related to a superseded Ohio lethal injection protocol; 2. Dismissing the claims made in Bays' original Petition with prejudice in accordance with the Order of August 6, 2012 (Doc. No. 134); 3. Granting Bays a certificate of appealability on his Fifth Ground for Relief only in accordance with the Order of January 29, 2013 (Doc. No. 148); and 4. Certifying under Fed. R. Civ. P. 54 that the judgment is final. Signed by Magistrate Judge Michael R Merz on 11/5/2014. (kpf1)DECISION AND ORDER; REPORT AND RECOMMENDATIONS - Petitioner's Motion for Extension of Time to Amend to add new lethal injection claims and his motion to stay consideration of those claims until April 13, 2015, is DENIED. It is hereby respectfull
June 15, 2015
PDF | More
DECISION AND ORDER; REPORT AND RECOMMENDATIONS - Petitioner's Motion for Leave to File an Amended Petition (Doc. No. 198) is dnied. It is respectfully recommended that the District Court dismiss Grounds Twelve and Thirteen without prejudice to a new petition raising any lethal injection claims Bays may have with respect to the January 9, 2015, Ohio lethal injection protocol. It is further recommended that the Court enter final judgment in accordance with its prior decision of August 6, 2012 (Doc. No. 134). Objections to R&R due by 7/2/2015. Signed by Magistrate Judge Michael R. Merz on 6/15/2015. (kpf)
September 23, 2015
PDF | More
DECISION AND ORDER ON MOTION TO AMEND; REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS - The Magistrate Judges Decision and Order/Report and Recommendations of June 15, 2015 (ECF No. 201) is WITHDRAWN. The Warden's Motion to Dismiss is technically moot because Bays proposes to replace the Petition with an Amended Petition and it is respectfully recommended that the Motion to Dismiss be DENIED on that basis. bjections to R&R due by 10/13/2015. The Motion for Leave to File an 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 15, 2015
PDF | More
ORDER ADOPTING REPORT AND RECOMMENDATIONS 213 - The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz 213, to whom this case was referred pursuant to 28 U.S.C. Section 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations, accordingly, it is ORDERED that Respondent's Motion to Dismiss 205 is DENIED. Signed by Judge Thomas M. Rose on 10-15-2015. (de)
March 1, 2016
PDF | More
***WITHDRAWN PER 222***DECISION AND ORDER ON MOTION TO AMEND - Petitioner's Renewed Motion to Amend (ECF No. 216) is DENIED. Signed by Magistrate Judge Michael R. Merz on 3/1/2016. (kpf) 2016 U.S. Dist. LEXIS 25103 (S.D. Ohio March 1, 2016). Modified on 3/18/2016 (kpf).
April 10, 2017
PDF | More
DECISION AND ORDER - Petitioner's Renewed Motion for Leave to File a Second Amended and Supplemental Petition for Writ of Habeas Corpus 232 is GRANTED. He may, not later than April 24, 2017, file a Supplemental Petition including the four Grounds for Relief set forth in his proposed amendments (ECF No. 232-1). Those Grounds for Relief shall be numbered Sixteen, Seventeen, Eighteen, and Nineteen to distinguish them from Grounds for Relief previously filed in this case and to avoid confusion with those earlier grounds. (Decision and Order, ECF No. 235, PageID8728, reported at Bays v. Warden, 2017 U.S. Dist. LEXIS 54466 (S.D. Ohio Apr. 10, 2017.) Signed by Magistrate Judge Michael R. Merz on 4/10/2017. (kpf) Modified on 4/10/2017 to change document type (kpf).
May 23, 2017
PDF | More
SUPPLEMENTAL OPINION - Having reconsidered the Motion to Amend in light of the Objections, the Magistrate Judge respectfully recommends the Objections be OVERRULED. Signed by Magistrate Judge Michael R. Merz on 5/23/2017. (kpf)
October 2, 2017
PDF | More
REPORT AND RECOMMENDATIONS - It is respectfully recommended that Respondent's Motion to Dismiss (ECF No. 250) should be DENIED as to Grounds Sixteen, Seventeen, and Eighteen and GRANTED as to Ground Nineteen. Objections to R&R due by 10/16/2017. Signed by Magistrate Judge Michael R. Merz on 10/2/2017. (kpf)
October 16, 2017
PDF | More
(de)RECOMMITTAL ORDER - The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and any objections filed by Petitioner and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 10-16-2017.
November 6, 2017
PDF | More
SUBSTITUTED REPORT AND RECOMMENDATIONS - It is respectfully recommended that Grounds for Relief Sixteen, Seventeen, Eighteen, and Nineteen, pleaded in the Second Amended Petition, be dismissed for failure to state a claim upon which relief can be granted in habeas corpus. Dismissal should be without prejudice to pursuing these claims in the Protocol Case. Objections to R&R due by 11/20/2017. Signed by Magistrate Judge Michael R. Merz on 11/6/2017. (kpf)
December 1, 2017
PDF | More
RECOMMITTAL ORDER - re 267 Appeal of Magistrate Judge Decision to District Court, filed by Richard Bays - The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and any objections filed by Petitioner and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 12-1-2017. (de)
December 6, 2017
PDF | More
SUPPLEMENT TO SUBSTITUTED REPORT AND RECOMMENDATIONS - Having reconsidered the matter in light of the Objections, the Magistrate Judge again recommends that the Sixteenth, Seventeenth, Eighteenth, and Nineteenth Grounds for Relief be dismissed without prejudice to their consideration in the § 1983 case. Petitioner should be granted a certificate of appealability on Ground Five as already ordered (ECF No. 148) and as to Grounds Sixteen, Seventeen, Eighteen, and Nineteen because of the changes of course by the Sixth Circuit on the cognizability of lethal injection claims in habeas corpus. Objections to R&R due by 12/20/2017. Signed by Magistrate Judge Michael R. Merz on 12/6/2017. (kpf) Reported at Bays v. Warden, 2017 U.S. Dist. LEXIS 200400 (S.D. Ohio Dec. 6, 2017)Modified on 12/6/2017 (MRM).
December 29, 2017
PDF | More
ENTRY AND ORDER OVERRULING OBJECTIONS (DOCS. 267, 270); ADOPTING SUBSTITUTED REPORT AND RECOMMENDATIONS (DOC. 265) AND SUPPLEMENT TO SUBSTITUTED REPORT AND RECOMMENDATIONS (DOC. 269); DISMISSING GROUNDS FOR RELIEF SIXTEEN, SEVENTEEN, EIGHTEEN AND NINETEEN PLEADED IN THE SECOND AMENDED PETITION; AND TERMINATING CASE- The Court ADOPTS the Report (Doc. 265) and Supplement (Doc. 270) in their entirety and, accordingly, rules as follows:(1) The Wardens Motion to Dismiss (Doc. 250) is GRANTED;(2) Petitioners Sixteenth, Seventeenth, Eighteenth and Nineteenth Grounds for Relief are DISMISSED without prejudice to their consideration in In re: Ohio Execution Protocol Litig., Case No. 2:11-cv-1016; (3) Petitioner is GRANTED a certificate of appealability on his Fifth Ground for Relief as already ordered (Doc. 148) and as to his Sixteenth, Seventeenth, Eighteenth and Nineteenth Grounds forRelief; (4) Petitioner is DENIED a certificate of appealability as to hisFourteenth and Fifteenth Grounds for Relief, as reasonable jurists would not disagree with the denial of those Grounds; and (5) The Clerk is directed to enter final judgment and TERMINATE this case on the Courts docket. Signed by Judge Thomas M. Rose on 12/29/17. (kma)
December 29, 2017
PDF | More
CLERK'S JUDGMENT. Signed on 12/29/17. (kma)