Waddy v. Coyle, et al
Case Number: 3:1998cv00084
Filed: February 26, 1998
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
Presiding Judge: Michael R Merz
Presiding Judge: Walter H Rice
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution
Jury Demanded By: None
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Date Filed Document Text
January 2, 2015 Opinion or Order Filing 262 SUPPLEMENTAL OPINION ON MOTION FOR DISCOVERY - The Magistrate Judge adheres to his prior conclusion denying Petitioner Waddy's Motion to Conduct Discovery (Doc. No. 253). Signed by Magistrate Judge Michael R Merz on 1/2/2015. (kpf1)
October 6, 2014 Opinion or Order Filing 259 DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 256 ). Signed by Judge Timothy S. Black on 10/6/2014. (mr1)
September 18, 2014 Opinion or Order Filing 257 DECISION AND ORDER DENYING MOTION FOR DISCOVERY 253 Motion for Discovery. Signed by Magistrate Judge Michael R Merz on 9/18/2014. (srb1)
November 1, 2013 Opinion or Order Filing 244 DECISION AND ENTRY OVERRULING PETITIONER'S OBJECTIONS (Docs. 224 , 236 ). Signed by Judge Timothy S. Black on 11/1/2013. (mr1)
June 18, 2013 Opinion or Order Filing 234 SUPPLEMENT TO DECISION AND ORDER ON MOTION FOR STAY - Because Rhines does not authorize a stay for "unexhausted facts," Petitioner's Motion for Stay should be DENIED. However, this Court should not decide at this point whether Waddy ha s demonstrated good cause for delay, but should allow that question to be decided in the first instance by the Ohio courts. If the Ohio courts accept Waddys delayed motion for new trial, this Court could then reconsider whether a stay would be approp riate. Waddys present counsel are authorized to file the proposed delayed motion for new trial in the Franklin County Common Pleas Court which this Court finds is ancillary to Waddy's habeas corpus proceedings. Signed by Magistrate Judge Michael R Merz on 6/18/2013. (kpf1)
May 31, 2013 Opinion or Order Filing 233 RECOMMITTAL ORDER - This case is before the Court on Petitioner's Objections (Doc. No. 224 ) to the Magistrate Judge's Orders on two non-dispositive motions (Doc. Nos. 219 , 222 ). Respondent is permitted by Fed. R. Civ. P. 72, to file a response to those Objections, but has not yet done so. This 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 opinion analyzing the Objections and any response. Signed by Judge Timothy S. Black on 5/31/2013. (mr1)
May 7, 2013 Opinion or Order Filing 219 DECISION AND ORDER DENYING MOTION TO HOLD IN ABEYANCE PENDING EXHAUSTION 213 . Signed by Magistrate Judge Michael R Merz on 5/7/13. (kje1)
January 4, 2013 Opinion or Order Filing 207 SCHEDULING ORDER - It is accordingly ordered that Petitioner file the proposed second amended petition (attached to Doc. No. 204) forthwith. The Warden shall file an amended answer/return of writ not later than February 15, 2013. Prior to filing the amended return, the Warden shall file electronically the entire state court record, including both the record heretofore filed and the new record generated in the Atkins post-conviction proceedings. Not later than thirty days after the amended answer/return of writ is filed, Petitioner shall file an amended reply/traverse. Signed by Magistrate Judge Michael R Merz on 1/4/2013. (kpf1)
January 3, 2013 Opinion or Order Filing 206 DECISION AND ENTRY OVERRULING RESPONDENT'S OBJECTIONS TO THE DECISION AND ORDER OF THE MAGISTRATE JUDGE (DOCS. 184 , 197 ). Signed by Judge Timothy S. Black on 1/3/2013. (mr1)
July 9, 2012 Opinion or Order Filing 188 SUPPLEMENTAL OPINION AND RECOMMENDATIONS re 184 , 182 - Because the Warden has not shown the Rule 15 Decision was clearly erroneous or contrary to law, his Objections should be overruled. Objections to R&R due by 7/26/2012. Signed by Magistrate Judge Michael R Merz on 07/09/12. (pb1)
June 12, 2012 Opinion or Order Filing 187 RECOMMITTAL ORDER: This capital habeas corpus case is before the Court on Respondent's Objections (Doc. No. 184 ) to the Magistrate Judges Decision and Order (Doc. No. 182 ). As permitted by Fed. R. Civ. P. 72, the Petitioner has filed a Resp onse to those Objections (Doc. No. 185 ). 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. 7 2(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental opinion analyzing the Objections and Response and making recommendations based on that analysis. Signed by Judge Timothy S. Black on 6/12/12. (mr1)
April 13, 2010 Opinion or Order Filing 168 ORDER TO PROVIDE CURRENT STATUS REPORTS AND STATE COURT FILINGS - Independent of the parties, i.e., from the Attorney General's Capital Crimes Annual Report, the Court has learned that the Franklin County Common Pleas Court has denied the succes sive petition in this matter on November 25, 2009, and the Petitioner has appealed to the Ohio Tenth District Court of Appeals. So that the Court can remain currently apprised of the status of this matter, it is hereby ORDERED that Petitioner file forthwith a copy of Judge Bessey's decision and that the parties file joint status reports at least quarterly, commencing with June 1, 2010. Signed by Magistrate Judge Michael R Merz on 4/13/2010. (kpf1)
August 26, 2005 Opinion or Order Filing 148 ORDER RESTORING CASE TO ACTIVE DOCKET NUNC PRO TUNC 10/1/2003 - This case remains STAYED pending the outcome of the state court proceedings. Signed by Judge Michael R Merz on 8/26/2005. (sc, )
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