Issa v. Bradshaw
Petitioner: Ahmad Fawzi Issa
Respondent: Margaret Bradshaw
Case Number: 1:2003cv00280
Filed: April 17, 2003
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: RICHLAND
Presiding Judge: Sandra S Beckwith
Presiding Judge: Michael R Merz
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
January 19, 2021 Opinion or Order Filing 254 ORDER ADOPTING REPORT AND RECOMMENDATIONS - It is therefore ORDERED that the Order for Administrative Processing (ECF No. 248 ) be, and it hereby is, VACATED and the Clerk shall enter final judgment dismissing the case as moot because Petitioner has been released from custody on the underlying judgment. Signed by Judge Walter H. Rice on 01/19/20. (pb)
December 8, 2020 Opinion or Order Filing 253 REPORT AND RECOMMENDATIONS - Because Petitioner is no longer in custody pursuant to the judgment which was at issue in this case, the Magistrate Judge respectfully recommends that the Order for Administrative Processing (ECF No. 248) be vacated and the Court enter final judgment dismissing the case as moot. Objections to R&R due by 12/22/2020. Signed by Magistrate Judge Michael R. Merz on 12/8/2020. (kpf)
July 2, 2019 Opinion or Order Filing 247 CONDITIONAL WRIT OF HABEAS CORPUS - Pursuant to the Mandate of the United States Court of Appeals for the Sixth Circuit (ECF No. 244 ), IT IS HEREBY ORDERED that the State of Ohio retry the Petitioner Ahmad Fawzi Issa within 180 days of the date of this Writ and, unless Petitioner is again convicted and sentenced pursuant to a new judgment of the Hamilton County Court of Common Pleas, release him from custody. Signed by Judge Walter H. Rice on 7/2/19. (pb)
June 17, 2019 Opinion or Order Filing 246 REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Court enter a conditional writ of habeas corpus, commanding that the State of Ohio retry the Petitioner within one hundred eighty days of the date of this Court's judgment an d, unless Petitioner is again convicted and sentenced pursuant to a new judgment of the Hamilton County Court of Common Pleas, release him from custody. Objections to R&R due by 7/1/2019. Signed by Magistrate Judge Michael R. Merz on 6/17/2019. (kpf)
September 21, 2015 Opinion or Order Filing 218 ORDER on Report and Recommendations denying petitioner's petition for a writ of habeas corpus; overruling petitioner's objections to the report & recommendations; granting in part and denying in part a certificate of appealability. Signed by Judge Sandra S Beckwith on 9/21/15. (mb)
June 10, 2015 Opinion or Order Filing 213 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that Grounds Twenty-Eight and Twenty-Nine of the Fourth Amended Petition be dismissed as moot. Objections to R&R due by 6/29/2015. Signed by Magistrate Judge Michael R. Merz on 6/10/2015. (kpf)
April 16, 2015 Opinion or Order Filing 208 REPORT AND RECOMMENDATIONS - It is respectfully recommended that the Court dismiss Grounds Twenty-Eight and Twenty-Nine in the Fourth Amended Petition without prejudice as moot. Any motion for leave to amend by filing the Proposed Fifth Amended Petit ion shall be filed and served not later than May 1, 2015. Alternatively, at least under existing precedent, Issa may file a new habeas case making the claims regarding lethal injection proposed to be included in the Proposed Fifth Amended Petition.Objections to R&R due by 5/4/2015. Signed by Magistrate Judge Michael R. Merz on 4/16/2015. (kpf)
February 25, 2015 Opinion or Order Filing 203 ORDER VACATING STAY AND TO SHOW CAUSE - It is ORDERED: 1. The stay of consideration of lethal injection claims herein is VACATED; 2. Petitioner shall show cause not later than March 15, 2015, why Grounds Twenty-Eight and Twenty-Nine should not be dismissed without prejudice as moot. Signed by Magistrate Judge Michael R Merz on 2/25/2015. (kpf1)
April 26, 2013 Opinion or Order Filing 190 ORDER AMENDING DATE FOR DISCOVERY MOTION - Respondent can be given an opportunity to litigate whether the case can be disposed of on the pleadings by setting a deadline for a motion for judgment on the pleadings, which is hereby set for June 1, 2013. If the case survives that motion, then a deadline for seeking discovery will be set. Signed by Magistrate Judge Michael R Merz on 4/26/2013. (kf)
February 17, 2012 Opinion or Order Filing 166 REPORT AND RECOMMENDATIONS re 159 MOTION for Certificate of Appealability filed by Ahmad Fawzi Issa. Objections to R&R due by 3/5/2012. Signed by Magistrate Judge Michael R Merz on 02/16/2012. (kf)
June 9, 2011 Opinion or Order Filing 157 MEMORANDUM OPINION - Neither party suggests that Cullen requires a different outcome or different analysis on any of Petitioner's claims for relief. The Magistrate Judge declines to offer any opinion on that question in the absence of argument by the parties. Signed by Magistrate Judge Michael R Merz on 6/9/2011. (kpf1)
June 6, 2011 Opinion or Order Filing 156 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)
April 7, 2011 Opinion or Order Filing 153 ORDER FOR SUPPLEMENTAL BRIEFING - Although this case is pending on objections before Judge Beckwith, it is hereby ORDERED that Respondent file a memorandum with the Court arguing how the Warden believes Cullen impacts this case not later than April 21, 2011. Petitioner may respond to that memorandum and Respondent may reply to that response within the time limits set forth in S. D. Ohio Civ. R. 7.2.. Signed by Magistrate Judge Michael R Merz on 4/7/2011. (kpf1)
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Petitioner: Ahmad Fawzi Issa
Represented By: J Joseph Bodine, Jr
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Respondent: Margaret Bradshaw
Represented By: Stephen E. Maher
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