Bethel v. Warden Ohio State Penitentiary
Petitioner: Robert Bethel
Respondent: Warden Ohio State Penitentiary
Case Number: 2:2010cv00391
Filed: April 30, 2010
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
County: FRANKLIN
Presiding Judge: Michael R. Barrett
Nature of Suit: Death Penalty
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Available Case Documents

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Date Filed Document Text
January 2, 2024 Opinion or Order Filing 219 DECISION AND ORDER - Petitioner Robert Bethel's "Motion to Reconsider Order Denying Motion for Leave to Stay Proceedings" (ECF No. 213) and his "Renewed Motion of Waiver Re: Amended Habeas Petition Claim" (ECF No. 214) are DENIED. Signed by Magistrate Judge Michael R. Merz on 1/2/2024. (kpf)
May 17, 2023 Opinion or Order Filing 212 DECISION AND ORDER ON PRO SE MOTIONS TO WITHDRAW BRADY CLAIM - Petitioner's Pro Se Motion of Waiver Re: Amended Habeas Petition Claim (ECF No. 200); Second Motion Re: Waiver of Habeas Petition Claim (ECF No. 203); and Third Motion Re: Waiver of Habeas Petition Claim (ECF No. 208) are DENIED. Signed by Magistrate Judge Michael R. Merz on 5/17/2023. (kpf)
August 15, 2022 Opinion or Order Filing 192 DECISION AND ORDER ON MOTION TO STAY AND HOLD IN ABEYANCE - Petitioner's Motion to Stay and Abey (ECF No. 185) is DENIED. The instant Amended Petition (ECF No. 186-1) remains pending and the case active before this Court. Signed by Magistrate Judge Michael R. Merz on 8/15/2022. (kpf)
September 27, 2021 Opinion or Order Filing 180 ORDER overruling 169 Objection to Magistrate Judge Order; overruling 172 Objection to Magistrate Judge Order; overruling 178 Objection to Magistrate Judge Order. Signed by Judge Michael R. Barrett on 9/27/2021. (kkz)
July 13, 2021 Opinion or Order Filing 176 DECISION AND ORDER DENYING PETITIONER'S RENEWED MOTION TO PROCEED PRO SE ON HIS MOTION TO STAY 175 . Signed by Magistrate Judge Michael R. Merz on 7/13/2021. (kpf)
February 26, 2021 Opinion or Order Filing 171 SUPPLEMENTAL MEMORANDUM ON PETITIONER'S MOTION TO PROCEED PRO SE. Signed by Magistrate Judge Michael R. Merz on 2/25/2021. (kpf)
February 2, 2021 Opinion or Order Filing 168 DECISION AND ORDER DENYING MOTION FOR LEAVE TOPROCEED PRO SE ON MOTION TO STAY 165 and STRIKING Petitioner's pro se Motion for Stay 166 . Signed by Magistrate Judge Michael R. Merz on 2/2/2021. (kpf)
January 11, 2021 Opinion or Order Filing 161 DECISION AND ORDER STRIKING PRO SE MOTION TO STAY 160 . Signed by Magistrate Judge Michael R. Merz on 1/11/2021. (kpf)
June 9, 2020 Opinion or Order Filing 156 DECISION AND ORDER- Further noting no objection, and finding good cause shown, the Court GRANTS Bethels Motion. Bethel shall file the amended Fifteenth Ground as a Supplemental Petition no later than seven days after the filing of this Decision and O rder. The Respondent Warden may file a memorandum in opposition as to the Supplemental Petition only within twenty-one days thereafter, and Bethel may file a reply memorandum within fourteen days after the filing of the memorandum in opposition. re 154 Signed by Magistrate Judge Michael R. Merz on 6/8/2020. (kma)
May 20, 2019 Opinion or Order Filing 140 SECOND SUPPLEMENTAL OPINION ON MOTIONS FOR DISCOVERY AND TO STAY - It is respectfully recommended that Petitioner's Supplemental Objections (ECF No. 137) should be overruled. Signed by Magistrate Judge Michael R. Merz on 5/20/2019. (kpf)
February 8, 2019 Opinion or Order Filing 134 SUPPLEMENTAL OPINION ON MOTIONS FOR DISCOVERY AND TO STAY - CONCLUSION: For the foregoing reasons, Petitioners Objections (ECF No. 131 ) should be overruled. Signed by Magistrate Judge Michael R. Merz on 2/8/2019. (srb)
November 13, 2018 Opinion or Order Filing 128 DECISION AND ORDER DENYING MOTIONS FOR DISCOVERY AND TO STAY - The Court DENIES Petitioner's Renewed Motion for Leave to Conduct Discovery (ECF No. 120) and Petitioner's Motion to Stay (ECF No. 125). Petitioner's Amended Petition for Writ of Habeas Corpus (ECF No. 48) remains pending before this Court. Signed by Magistrate Judge Michael R. Merz on 11/13/2018. (kpf)
March 28, 2018 Opinion or Order Filing 118 ORDER OVERRULING in PART and SUSTAINING in PART 96 Opinion and 106 Supplemental Opinion and are modified in a manner not inconsistent with this Order. Signed by Judge Michael R. Barrett on 3/28/18. (ba)
July 27, 2017 Opinion or Order Filing 106 SUPPLEMENTAL OPINION ON PETITIONER'S MOTION FOR AN EVIDENTIARY HEARING signed by Magistrate Judge Michael R. Merz on 7/27/2017. (kpf)
June 28, 2017 Opinion or Order Filing 104 ORDER VACATING STAY NUNC PRO TUNC- Eventually, on September 5,2012, Petitioner filed a Notice that the Ohio Supreme Court had declined review (ECF No. 36 ). The Court immediately treated the case as active and re-entered an order for a Rule 26(f) re port on September 6, 2012 (Notation Order). The case has been actively litigated ever since, but the docket does not reflect a formal vacationof the stay. Because the Judicial Conference of the United States allocates resources for managing capital h abeas cases on the basis of unstayed cases, it is important to avoid any confusion on the docket.It is accordingly ORDERED that the stay of this case (ECF No.[ 13]) be, and it hereby is, VACATED, nunc pro tunc, September 6, 2012.. Signed by Magistrate Judge Michael R. Merz on 6/28/17. (kma)
May 1, 2017 Opinion or Order Filing 96 DECISION AND ORDER - Petitioner's Motion for anEvidentiary Hearing (ECF No. 88) is DENIED. Signed by Magistrate Judge Michael R. Merz on 5/1/2017. (kpf)
July 30, 2014 Opinion or Order Filing 77 ORDER STRIKING PETITIONER'S REPLY TO THE WARDEN'S MEMORANDUM IN RESPONSE TO OBJECTIONS TO THE MAGISTRATE JUDGE'S SUPPLEMENTAL OPINION. Signed by Magistrate Judge Michael R Merz on 7/30/2014. (kpf1)
June 19, 2014 Opinion or Order Filing 73 SUPPLEMENTAL OPINION ON PETITIONER'S MOTION FOR DISCOVERY - Upon reconsideration of the Motion for Discovery in light of the Objections, the Magistrate Judge again concludes Bethel has not shown good cause to pursue this discovery. Signed by Magistrate Judge Michael R Merz on 6/19/2014. (kpf1)
December 23, 2013 Opinion or Order Filing 69 DECISION AND ORDER DENYING PETITIONER'S MOTION FOR DISCOVERY - Petitioner's Motion for Discovery (Doc. No. 60) is DENIED. Signed by Magistrate Judge Michael R Merz on 12/23/2013. (kpf1)
September 30, 2013 Opinion or Order Filing 63 PROTECTIVE ORDER. Signed by Magistrate Judge Michael R Merz on 9/30/2013. (kpf1)
March 6, 2013 Opinion or Order Filing 49 SCHEDULING ORDER - Respondent's Answer/Return of Writ and Appendix shall be filed no later than July 2, 2013. Petitioner's Reply/Traverse shall be filed no later than one hundred twenty days after Respondent files his Answer/Return of Writ . All pre-evidentiary hearing motions for discovery shall be filed no later than sixty days after Respondent files his Answer/Return of Writ. Any motion for an evidentiary hearing shall be filed no later than thirty days after Petitioner files such Reply/Traverse. Signed by Magistrate Judge Michael R Merz on 3/6/2013. (kpf1)
October 26, 2012 Opinion or Order Filing 41 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that the Motion to Dismiss be denied. Objections to R&R due by 11/13/2012. Signed by Magistrate Judge Michael R Merz on 10/25/2012. (kpf1)
August 28, 2012 Opinion or Order Filing 35 REPORT AND RECOMMENDATIONS - It is respectfully recommended the Warden's Motion to Dismiss be denied. Objections to R&R due by 9/14/2012. Signed by Magistrate Judge Michael R Merz on 8/28/2012. (kpf1)
July 19, 2012 Opinion or Order Filing 31 NOTICE OF ORAL ARGUMENT - Oral Argument on the pending Motions to Dismiss is hereby set for Monday, August 6, 2012, beginning at 10:00 a.m. in Courtroom #4, Fifth Floor Federal Building, 200 W. Second Street, Dayton, Ohio, before United States Magistrate Judge Michael R. Merz. Signed by Magistrate Judge Michael R Merz on 7/19/2012. (kpf1)
June 11, 2012 Opinion or Order Filing 27 ORDER FOR STATUS REPORT - It is ORDERED that Petitioner file a fifth status report not later than June 20, 2012. Signed by Magistrate Judge Michael R Merz on 6/9/2012. (kpf1)
August 26, 2010 Opinion or Order Filing 9 ORDER TO SUPPLEMENT MOTION - This capital habeas corpus case is before the Court on Petitioner's Motion for Stay and Abeyance (Doc. No. 8). It is hereby ORDERED that Petitioner file forthwith as supplements to his Motion: 1. His Motion for New Trial as filed in the Franklin County Common Pleas Court. 2. The Common Pleas decision on that Motion. 3. The Petitioner's brief on appeal. 4. The Franklin County Court of Appeals decision. Petitioner is welcome to file any additional materials from the Motion for New Trial proceedings which would be useful in deciding the instant Motion. Signed by Magistrate Judge Michael R Merz on 8/26/2010. (kpf1)
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Petitioner: Robert Bethel
Represented By: Melissa J Jackson
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Respondent: Warden Ohio State Penitentiary
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