Chinn v. Warden Mansfield
Petitioner: Davel Chinn
Respondent: Warden, Mansfield Correctional Institution
Case Number: 3:2002cv00512
Filed: November 4, 2002
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Michael R Merz
Presiding Judge: Edmund A Sargus
Nature of Suit: Death Penalty
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
July 24, 2020 Opinion or Order Filing 213 REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Motion to Alter or Amend the judgment (ECF No. 210) be denied. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certificate of appealability on the issues raised on the Motion. Objections to R&R due by 8/7/2020. Signed by Magistrate Judge Michael R. Merz on 7/24/2020. (kpf)
May 29, 2020 Opinion or Order Filing 206 OPINION AND ORDER ADOPTING AND AFFIRMING the Magistrate's November 8, 2017, Decision and Order 186 and Supplemental Memoranda on proposed amendments 190 , 196 , 201 and REPORT AND RECOMMENDATION 205 . Signed by Judge Sarah D. Morrison on 5/29/2020. (tb)
March 10, 2020 Opinion or Order Filing 205 REPORT AND RECOMMENDATIONS: FOURTH SUPPLEMENTAL MEMORANDUM ON PROPOSED AMENDMENTS- Based on McKinney, the Magistrate Judge again respectfully recommends that Petitioners Motion to Amend to add a claim under Hurst be denied. Objections to R&R due by 3/24/2020. Signed by Magistrate Judge Michael R. Merz on 3/10/2020. (kma)
January 19, 2018 Opinion or Order Filing 196 SECOND SUPPLEMENTAL MEMORANDUM ON PROPOSED AMENDMENTS. Signed by Magistrate Judge Michael R. Merz on 1/19/2018. (kpf)
December 13, 2017 Opinion or Order Filing 190 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 respectfully 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)
November 8, 2017 Opinion or Order Filing 186 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, the 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)
October 30, 2017 Opinion or Order Filing 182 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. Merz on 10/30/2017. (kpf)
May 22, 2017 Opinion or Order Filing 169 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)
April 12, 2017 Opinion or Order Filing 160 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 Re lief 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).
March 30, 2017 Opinion or Order Filing 159 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)
March 2, 2016 Opinion or Order Filing 140 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. Signed by Magistrate Judge Michael R. Merz on 3/2/2016. (kpf)
October 16, 2015 Opinion or Order Filing 129 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)
September 23, 2015 Opinion or Order Filing 127 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 re spectfully 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)
December 22, 2014 Opinion or Order Filing 110 ORDER - Judge Sargus has recommitted the matter for reconsideration in light of the Objections (Doc. No. 107). Having reconsidered the matter in light of the Objections, it is hereby ORDERED: 1. The Report and Recommendations portion of the Decision is WITHDRAWN; 2. The denial of stay of consideration of the lethal injection claims is VACATED and the stay as requested is GRANTED; 3. The extension of Petitioners time to amend to April 13, 2015, is CONFIRMED. The Warden has shown no error of law and no abuse of discretion in granting that extension. Signed by Magistrate Judge Michael R Merz on 12/22/2014. (kpf1)
November 5, 2014 Opinion or Order Filing 103 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 29, 2014 Opinion or Order Filing 100 ORDER - To protect the Warden's right to be heard on this Motion without prejudicing Petitioner's opportunity to plead, Petitioner's obligation to file an amendment or supplement to his methodof-execution claims is hereby SUSPENDED until a date to be set by the Court in ruling on the pending Motion. Signed by Magistrate Judge Michael R Merz on 9/29/2014. (kpf1)
March 25, 2014 Opinion or Order Filing 96 ORDER 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 A 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 amend ment 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)
June 28, 2013 Opinion or Order Filing 86 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)
July 5, 2012 Opinion or Order Filing 77 OPINION AND ORDER overruling Respondent's objections 73 and adopting the Magistrate Judge's Decision and Order 71 granting Petitioner's motion for leave to file an amended petition. Signed by Judge Edmund A Sargus on 07/05/2012. (dh1)
May 8, 2012 Opinion or Order Filing 76 Recommittal Order re Petitioner's Objections 63 to the Magistrate Judge's Report and Recommendations 60 . The District Judge has considered the objections and believes they will be more appropriately resolved after further analysis by t he Magistrate Judge. This matter is returned to the Magistrate Judge with instructions to file a supplemental report and recommendations analyzing the Objections and Response and making recommendations based on that analysis. Signed by Judge Edmund A Sargus on 05/08/2012. (dh1)
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Petitioner: Davel Chinn
Represented By: Erin Gallagher Barnhart
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Respondent: Warden, Mansfield Correctional Institution
Represented By: Matthew C Hellman
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