Raglin v. Mitchell
Case Number: 1:2000cv00767
Filed: September 13, 2000
Court: US District Court for the Southern District of Ohio
Office: Cincinnati 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 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Date Filed Document Text
June 3, 2020 Opinion or Order Filing 339 ORDER adopting Report and Recommendations re 320 327 Report and Recommendations denying 309 Motion to Alter Judgment; denying 310 Motion to Reopen Case; this matter remains closed and terminated. Signed by Judge Michael R. Barrett on 6/2/20. (ba)
April 7, 2020 Opinion or Order Filing 337 ORDER TO MAINTAIN DOCUMENTS UNDER SEAL. Signed by Magistrate Judge Michael R. Merz on 4/6/2020. (kma)
June 10, 2019 Opinion or Order Filing 320 REPORT AND RECOMMENDATIONS ON PETITIONER'S SECOND MOTION TO ALTER OR AMEND THE JUDGMENT AND MOTION FOR RELIEF FROM JUDGMENT - Raglin's Second Motion to Alter or Amend Judgment under Federal Rule of Civil Procedure 59(e) (ECF No. 309) and Motion for Relief from Judgment under Federal Rule of Civil Procedure 60(b) (ECF No. 310) should be DENIED. Objections to R&R due by 6/24/2019. Signed by Magistrate Judge Michael R. Merz on 6/10/2019. (kpf)
March 22, 2019 Opinion or Order Filing 308 ORDER adopting Report and Recommendations re 301 and 305 Report and Recommendations granting 297 Motion to Alter Judgment. Signed by Judge Michael R. Barrett on 3/22/19. (ba)
June 21, 2018 Opinion or Order Filing 305 SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION TO ALTER OR AMEND THE JUDGMENT - The Magistrate Judge adheres to his prior recommendation that the certificate of appealability in this case be expanded to include the question whether this Court was correct in denying Petitioner leave to amend to add lethal injection invalidity claims. Objections to R&R due by 7/5/2018. Signed by Magistrate Judge Michael R. Merz on 6/21/2018. (kpf)
May 24, 2018 Opinion or Order Filing 301 REPORT AND RECOMMENDATIONS ON MOTION TO ALTER OR AMEND THE JUDGMENT Objections to R&R due by 6/7/2018. Signed by Magistrate Judge Michael R. Merz on 5/24/18. (kma)
March 22, 2018 Opinion or Order Filing 295 OPINION AND ORDER overruling Objections re 292 Order and 287 Order; Based on 198 Order this matter is closed and terminated. Signed by Judge Michael R. Barrett on 3/21/18. (ba)
December 29, 2017 Opinion or Order Filing 292 SUPPLEMENTAL OPINION ON MOTION TO AMEND- Conclusion: Having reconsidered the matter as directed in the Recommittal Order, the Magistrate Judge remains of the opinion that Raglin should be denied permission to add his proposed Grounds for Relief 41, 42, 43, 44, and 45. Signed by Magistrate Judge Michael R. Merz on 12/29/17. (kma)
November 13, 2017 Opinion or Order Filing 287 DECISION AND ORDER VACATING PRIOR DECISION AND DENYING MOTION TO AMEND - All of Petitioner's proposed claims which would have reopened for further adjudication under this Courts prior order are now rejected. The Court should enter final judg ment based on its decision of September 29, 2013. Denial of leave to add lethal injection invalidity claims should be without prejudice to Raglin's pursuing them in In re Ohio Execution Protocol Litig., Case No. 2:11-cv-1016, where he is a plaintiff. Signed by Magistrate Judge Michael R. Merz on 11/13/2017. (kpf)
April 10, 2017 Opinion or Order Filing 275 DECISION AND ORDER - To the extent and for the reasons set forth within, Raglin's Renewed Motion 272 is GRANTED. Petitioner may, not later than April 24, 2017, file a Third Amended Petition with specific instructions. Signed by Magistrate Judge Michael R. Merz on 4/10/2017. (kpf) Modified on 4/10/2017 to change document type (kpf).
January 3, 2017 Opinion or Order Filing 269 ORDER adopting Report and Recommendation re 267 Report and Recommendation granting 264 Motion for Certificate of Appealability. Signed by Judge Michael R. Barrett on 12/30/16. (ba)
December 2, 2016 Opinion or Order Filing 267 REPORT AND RECOMMENDATIONS ON PETITIONER'S MOTION TO EXPAND THE CERTIFICATE OF APPEALABILITY re 264 - Conclusion Because, as Judge Hinkle found, reasonable jurists could disagree on the retroactivity of Hurst and the applicability of Montgomery, the Magistrate Judge respectfully recommends that Petitioners Motion to Expand the Certificate of Appealability be GRANTED. Objections to R&R due by 12/19/2016. Signed by Magistrate Judge Michael R. Merz on 12/2/2016. (srb)
July 28, 2016 Opinion or Order Filing 263 DECISION AND ORDER - Petitioner's Motion for Reconsideration of Ground [for Relief] 27(A)(ECF No. 254) and Motion for Leave to File an Amended Petition and To Stay These Proceedings and Hold Them in Abeyance (ECF No. 255) are DENIED. Signed by Magistrate Judge Michael R. Merz on 7/28/2016. (kpf)
February 26, 2016 Opinion or Order Filing 251 DECISION AND ORDER - Petitioner's Renewed Motion for Leave to File aThird Amended and Supplemental Petition for Writ of Habeas Corpus (ECF No. 247) is DENIED. Signed by Magistrate Judge Michael R. Merz on 2/26/2016. (kpf)
November 3, 2014 Opinion or Order Filing 215 DECISION AND ORDER; REPORT AND RECOMMENDATIONS - It is respectfully RECOMMENDED that the Court enter final judgment on itsOrder of September 29, 2013 (Doc. No. 198, PageID 2367) (1) dismissing with prejudice all claims in the First Amended Petition e xcept Grounds Thirty-Nine and Forty; (2) granting a certificate of appealability as set forth in that Order; and (3) certifying under Fed. R. Civ. P. 54 that the judgment is final. And it is ORDERED that Raglins Motion for an extension of time to and including April 13, 2015, to move for further amendment to add new lethal injection claims be DENIED. Signed by Magistrate Judge Michael R Merz on 11/3/2014. (kpf1)
September 23, 2014 Opinion or Order Filing 212 ORDER - This capital habeas corpus case is before the Court on Petitioner's Renewed Motion to Extend the Stay of his Lethal-Injection Claims and to Extend the Time to File his Motion for Leave to Amend his habeas Petition with Amended Lethal-Inj unction Claims (Doc. No. 211). 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 method-of-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 9/23/2014. (kpf1)
March 3, 2014 Opinion or Order Filing 205 ORDER adopting Report and Recommendations re 204 Report and Recommendation; Petitioner's 39th and 4th grounds for relief are dismissed without prejudice as moot. Signed by Judge Michael R. Barrett on 3/3/14. (ba1)
February 10, 2014 Opinion or Order Filing 204 REPORT AND RECOMMENDATIONS re 178 Amended Petition for Writ of Habeas Corpus filed by Walter Raglin. Raglin concedes that his Thirty-Ninth and Fortieth Grounds for Relief are no longer viable, it is respectfully recommended that those claims be dismissed without prejudice as moot. Objections to R&R due by 2/27/2014. Signed by Magistrate Judge Michael R Merz on 2/7/2014. (mrm3)
February 7, 2014 Opinion or Order Filing 203 ORDER granting 200 Motion to Stay- Raglins lethal injection claims are STAYED to and including March 17, 2014. Not later than that date,Raglin must move to amend to add any claims cognizable in habeas corpus which he has regarding Ohios current lethal injection protocol.. Signed by Magistrate Judge Michael R Merz on 2/7/2014. (mrm3)
September 29, 2013 Opinion or Order Filing 198 ORDER adopting Report and Recommendations re 89 Report and Recommendation; adopting Report and Recommendations re 100 Report and Recommendations; adopting in part Report and Recommendations re 169 Report and Recommendations; adopting in part Report and Recommendations re 176 Report and Recommendations; and overruling Respondent's Objections to the Magistrate Judge's 177 Decision and Order and 188 Supplemental Opinion and Recommendation granting Petitioner's Motion for Leave to File a Second Amended Petition; Petitioner shall file his Second Amended Petition within 14 days of the entry of this Order. Signed by Judge Michael R. Barrett on 9/28/13. (ba1)
July 11, 2012 Opinion or Order Filing 188 REPORT AND RECOMMENDATIONS the Magistrate Judge recommends the Objectionbe overruled on the basis set forth in the Magistrate Judge's Supplemental Opinion and Recommendations in Waddy v. Coyle, Case No. 3:98-cv-084 (Doc. No. 188). Objections to R&R due by 7/30/2012. Signed by Magistrate Judge Michael R Merz on 7/11/2012. (sc1)
April 4, 2012 Opinion or Order Filing 176 SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY - Nothing in the Notice of Additional Authority persuades the Magistrate Judge that changes are needed in the recommendation already made. Objections to R&R due by 4/23/2012. Signed by Magistrate Judge Michael R Merz on 4/3/2012. (kpf1)
January 10, 2012 Opinion or Order Filing 169 REPORT AND RECOMMENDATIONS ON PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY - Objections to R&R due by 1/27/2012. Signed by Magistrate Judge Michael R Merz on 1/09/2012. (kpf1)
June 9, 2011 Opinion or Order Filing 160 MEMORANDUM OPINION - In this case, although discovery was permitted, no evidentiary hearing was sought or held, so there is no evidence from such a hearing to exclude from consideration on the § 2254(d)(1) issue, as Cullen requires. Nor was any evidence gathered in discovery added to the record by way of a motion to expand. Therefore Cullen will not impact this Court's decision on the § 2254(d)(1) issue. Signed by Magistrate Judge Michael R Merz on 6/9/2011. (kpf1)
June 6, 2011 Opinion or Order Filing 159 ORDER FOR PRE-JUDGMENT BRIEFING ON CERTIFICATE OF APPEALABILITY - It has been this Court's practice in the past to postpone consideration of certificate of appealability issues until after District Judge action on the report and recommendations on the merits. However, Rule 11(a) of the Rules Governing § 2254 cases was amended effective December 1, 2009 and the Court reads this new language to require that any report and recommendation on a certificate of appealability be available for the district judges consideration along with the report and recommendations on the merits. Accordingly, it is hereby ordered that Petitioner file, not later than July 15, 2011, a motion for certificate of appealability on those grounds for relief as to which the Magistrate Judge has recommended denial and which the Petitioner intends to appeal if the District Judge adopts the Magistrate Judge's recommendation. Signed by Magistrate Judge Michael R Merz on 6/3/2011. (kpf1)
May 13, 2009 Opinion or Order Filing 149 DECISION AND ORDER ON AMENDED MOTION FOR DISCOVERY - Petitioner's Amended Motion for Discovery (Doc. No. 147) is DENIED. Signed by Magistrate Judge Michael R Merz on 5/13/2009. (kopf1, )
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