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08-280 - Gapen v. Bobby


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08-280 - Gapen v. Bobby
June 11, 2009
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ORDER VACATING STAY OF PROCEEDINGS - The Ohio Supreme Court having denied Petitioner's Application to Reopen in that court on June 3, 2009, this Court's prior Stay Order (Doc. No. 19) is DISSOLVED. As previously scheduled (Doc. No. 23), Petitioner's amended petition shall be filed not later than July 13, 2009. Signed by Magistrate Judge Michael R Merz on 6/10/2009. (kopf1, )
December 23, 2010
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ORDER granting in part and denying in part 51 Motion for Discovery. Discovery to be complete by April 30, 2011. Signed by Magistrate Judge Michael R Merz on 12/23/2010. (mrm0)
January 18, 2011
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DECISION AND ORDER - Petitioner's Motion to Partially Strike Respondent's Sur-Reply (Doc. No. 66) is denied. Signed by Magistrate Judge Michael R Merz on 1/17/2011. (kpf1)
April 7, 2011
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ORDER granting 85 Motion to Stay; granting 85 Motion for Reconsideration and setting briefing schedule. Signed by Magistrate Judge Michael R Merz on 4/7/2011. (mrm0)
January 18, 2012
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S MOTION TO AMEND AND DENYING PETITIONER'S MOTION TO EXPAND THE SCOPE OF DISCOVERY. Signed by Magistrate Judge Michael R Merz on 1/18/2012. (kpf1)
January 25, 2012
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DECISION AND ORDER DENYING 111 PETITIONER'S MOTION TO STAY DISCOVERY. Signed by Magistrate Judge Michael R Merz on 1/25/2012. (mdf1)
April 6, 2012
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DECISION AND ORDER - The Court finds that Petitioner has had adequate opportunity to examine Juror Nedostup on all of the material produced by him except the book. The Motion to Reopen is denied as to those materials but otherwise granted. Counsel shall consult with Judicial Assistant Kelly Kopf to arrange a time for the additional depositions. Signed by Magistrate Judge Michael R Merz on 4/6/2012. (kpf1)
July 3, 2012
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DECISION AND ORDER DENYING MOTION TO STRIKE - Accordingly, the Court sua sponte extends the Petitioners time to file his Motion for Leave to File a Third Amended Petition to and including July 2, 2012. Respondents Motion to Strike is accordingly denied. Signed by Magistrate Judge Michael R Merz on 7/3/2012. (kf)
August 27, 2012
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REPORT AND RECOMMENDATIONS ON WARDEN'S MOTION TO DISMISS THE TWENTY-FOURTH AND TWENTY-FIFTH CLAIMS FOR RELIEF - It is respectfully recommended that the Warden's Motion to Dismiss on the basis that Grounds Twenty-Four and Twenty-Five are not cognizable in habeas corpus be denied on the authority of Adams v. Bradshaw, supra. It is further recommended that the Warden's procedural default defense to Ground 25 be denied without prejudice as premature. Objections to R&R due by 9/13/2012. Signed by Magistrate Judge Michael R Merz on 8/24/2012. (kpf1)
September 14, 2012
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - According, the Warden's Motion to Dismiss on the basis that Grounds Twenty-Four and Twenty-Five are not cognizable in habeas corpus is DENIED on the authority of Adams v. Bradshaw, supra. The Warden's procedural default defense to Ground 25 is DENIED without prejudice as premature. Signed by Judge Walter H Rice on 09/13/12. (pb1)
October 8, 2013
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DECISION AND ORDER ON MOTIONS TO HOLD PETITION IN ABEYANCE AND EXPAND SCOPE OF REPRESENTATION - Petitioner's Motion to hold Petition for Writ of Habeas Corpus in Abeyance Pending Exhaustion of Newly Discovered Claims Being Presented in State Court (Doc. No. 191) is DENIED. Petitioner's Request for Authorization Allowing Federal Habeas Corpus Counsel to Conduct State Court Litigation (Doc. No. 192) is GRANTED. Signed by Magistrate Judge Michael R Merz on 10/8/2013. (kpf1)
February 17, 2017
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DECISION AND ORDER GRANTING MOTION TO VACATE STAY AND DENYING MOTION TO AMEND. Signed by Magistrate Judge Michael R. Merz on 2/17/2017. (kpf) Modified on 2/17/2017 to correct text (kpf). 2017 U.S. Dist. LEXIS 23093 (S.D. Ohio 2017) Modified on 2/27/2017 (kpf).
April 21, 2017
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SUPPLEMENTAL MEMORANDUM OPINION ON DENIAL OF MOTION TO AMEND - Conclusion Having reconsidered the matter in light of the Objections, the Magistrate Judge again concludes the proposed amendment would be futile and respectfully recommends the District Court overruled the objections. Signed by Magistrate Judge Michael R. Merz on 4/20/2017. (srb)
August 15, 2017
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DECISION AND ENTRY OVERRULING PETITIONER'S OBJECTIONS (DOCS. ##221, 225) TO MAGISTRATE JUDGE'S ORDER DENYINGMOTION TO AMEND (DOC. #218, AS SUPPLEMENTED BY DOC.#224. Signed by Judge Walter H. Rice on 8/15/17. (pb)
August 16, 2017
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ORDER REINSTATING STAY signed by Magistrate Judge Michael R. Merz on 8/16/2017. (kpf)
August 21, 2017
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ORDER - It is hereby ordered that the above captioned cause be administrativelyprocessed.. Signed by Judge Walter H. Rice on 8/21/17. (pb)AOProcessing/"Stay Reinstated