Nields v. Bradshaw
| 1:2003cv00019 |
| January 8, 2003 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| Michael R Merz |
| Thomas M Rose |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
65
ORDER STAYING MAGISTRATE JUDGE'S DECISION PENDING APPEAL - The Motion for Stay pending appeal is granted. Signed by Magistrate Judge Michael R Merz on 1/15/2010. (kpf1)
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Filing
60
DECISION AND ORDER GRANTING MOTION TO CONVEY - The Motion to Convey is GRANTED. Petitioner's counsel shall prepare an order in appropriate form and present it to Respondent's counsel for review of form before presenting it to the Court. Signed by Magistrate Judge Michael R Merz on 1/11/2010. (kpf1)
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Filing
56
ORDER FOR ADDITIONAL BRIEFING - This case is before the Court on Petitioner's Motion to Convey (Doc. No. 54) which Petitioner indicates the State opposes. An issue not addressed in the Motion is the question whether this Court has jurisdiction o ver the Warden to grant the requested relief. The Court is not in doubt about its authority to appoint and compensate counsel for state clemency proceedings. Harbison v. Bell, 129 S. Ct. 1481 (2009), and believes, at least prima facie, that that auth ority extends, as argued by Petitioner, to paying for expert services. However, the habeas corpus proceedings in this Court are at an end and it would therefore appear the Court's ancillary jurisdiction to order movement of the Petitioner has likewise expired. Petitioner's counsel is requested to address this question in supplemental briefing as quickly as possible. Signed by Magistrate Judge Michael R Merz on 12/29/2009. (kpf1)
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Filing
33
ENTRY AND ORDER OVERRULING OBJECTIONS 32 TO REPORT AND RECOMMENDATIONS ON CERTIFICATE OF APPEALABILITY 31, ADOPTING IN FULL SAID REPORT AND RECOMMENDATIONS, DENYING PETITIONER'S REQUEST FOR SAID CERTIFICATE OF APPEALABILITY 28; TERMINATION ENTRY . Signed by Judge Thomas M Rose on 7/29/05. (dp)
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