Bays v. Warden Ohio State Penitentiary
| Richard Bays |
| Warden Ohio State Penitentiary |
| 3:2008cv00076 |
| March 17, 2008 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| GREENE |
| Michael R Merz |
| Thomas M Rose |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
273
CLERK'S JUDGMENT. Signed on 12/29/17. (kma)
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Filing
269
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 wit hout 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 ch anges 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).
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Filing
268
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 analys is 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)
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Filing
265
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)
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Filing
259
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 i s 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. (de)
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Filing
256
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)
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Filing
242
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)
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Filing
235
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 Gro unds 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. Signed by Magistrate Judge Michael R. Merz on 4/10/2017. (kpf) Modified on 4/10/2017 to change document type (kpf).
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Filing
221
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)
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Filing
215
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 o bjections 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)
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Filing
213
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 technical ly 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)
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Filing
201
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)
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Filing
190
RECOMMITAL ORDER - re 188 Objections filed by Warden Ohio State Penitentiary. 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. Signed by Judge Thomas M Rose on 11/24/14. (ep)
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Filing
186
SCHEDULING ORDER - It is hereby ORDERED that the Warden file any memorandum in opposition to the pending Motion for Leave to File an Amended Petition not later than November 21, 2014. Petitioner shall file any reply memorandum in support not later than November 28, 2014. Signed by Magistrate Judge Michael R Merz on 11/12/2014. (kpf1)
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Filing
183
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 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 Ba ys' 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)
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Filing
181
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)
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Filing
173
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)
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Filing
169
SUPPLEMENTAL OPINION; SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION TO CERTIFY - The Magistrate Judge adheres to his prior recommendations as set forth in the Decision and Order of August 22, 2013. Signed by Magistrate Judge Michael R Merz on 11/21/2013. (kpf1)
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Filing
163
RECOMMITTAL ORDER re 162 Petitioner's Objections to the Magistrate Judge's Decision and Order 160 filed by Richard Bays. Signed by Judge Thomas M Rose on 9/17/13. (ep)
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Filing
160
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)
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Filing
148
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 MAGIS TRATE 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)
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Filing
145
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)
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Filing
141
RECOMMITTAL ORDER - this matter is hereby returned to the Magistrate Judge withinstructions to file a supplemental report analyzing the Objections and Response and making recommendations based on that analysis. Signed by Judge Thomas M Rose on 11/20/12. (kje1)
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Filing
137
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)
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Filing
134
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)
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Filing
126
ENTRY AND ORDER OVERRULING THE WARDEN'S OBJECTIONS (Doc. # 123 ) TO THE MAGISTRATE'S DECISION (Doc. # 121 ) TO GRANT BAYS' MOTION TO AMEND. Signed by Judge Thomas M Rose on 5/30/12. (cib1)
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Filing
110
ORDER REGARDING CERTIFICATE OF APPEALABILITY - In order to comply with Rule 11, it is hereby ordered that Petitioner file, not later than the date he files any objections to the pending Report and Recommendations, a motion for certificate of appealability on each claim on which he intends to appeal if District Judge Rose adopts the recommendation as to that ground for relief. Signed by Magistrate Judge Michael R Merz on 02/18/12. (pb1)
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Filing
103
DECISION AND ORDER - Respondent's Motion to Vacate is granted and Petitioner's Motion to Reconvene is denied, subject to reconsideration if Petitioner can demonstrate some purpose for Dr. Bergman's testimony at this stage of the case. The Court will proceed first to decide the § 2254(d)(1) and (d)(2) issues. In accordance with the schedule adopted by the Court initially, it is hereby ORDERED that Petitioner filed his reply/traverse not later than September 7, 2011. If Petitioner relies on the analysis in Lambert, supra, to attempt to meet his burden under 28 U.S.C. § 2254(d)(1), he shall do so explicitly in the reply/traverse. Signed by Magistrate Judge Michael R Merz on 7/6/2011. (kpf1)
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Filing
87
ORDER granting in part and denying in part 86 Motion for Reconsideration. Signed by Magistrate Judge Michael R Merz on 1/18/2011. (mrm0)
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Filing
74
ENTRY AND ORDER OVERRULING THE WARDEN'S OBJECTIONS (Doc. # 71 ) TO THE MAGISTRATE JUDGE'S DECISION AND ORDERGRANTING BAYS MOTION FOR AN EVIDENTIARY HEARING (Doc.# 54 ). Signed by Judge Thomas M Rose on 10/04/10. (pb1)
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Filing
41
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, )
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Filing
34
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, )
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| Petitioner: Richard Bays | |
| Represented By: | Ruth L Tkacz |
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| Respondent: Warden Ohio State Penitentiary | |
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