Fitzpatrick v. Warden, Mansfield Correctional Institution
| 1:2006cv00356 |
| June 12, 2006 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| Susan J. Dlott |
| Michael R Merz |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
139
ORDER GRANTING REQUEST TO WITHDRAW AND APPOINTING NEW COUNSEL - It is accordingly ORDERED that Messrs. Schuster and Vanderlaans request to withdraw is GRANTED, effective as of the date of this Order. Deborah Williams, Federal Public Defender for the Southern District of Ohio, is hereby appointed as counsel for Petitioner and requested to assign two or more attorneys from the Capital Habeas Unit as counsel to Mr. Fitzpatrick. Signed by Magistrate Judge Michael R. Merz on 3/28/2016. (kpf)
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Filing
136
ORDER DENYING LETTER REQUEST TO WITHDRAW - This capital habeas corpus case is before the Court on receipt of a letter from Attorney James Schuster on behalf of himself and attorney Mark VanderLaan requesting leave to withdraw as counsel for Petitione r (Doc. No. 135). Messrs. Schuster and VanderLaan's request to withdraw is DENIED without prejudice to its renewal upon proof that (1) Ohio law provides for appointed counsel for further proceedings in this case and (2) Messrs. Schuster and VanderLaan have moved in the appropriate Ohio court for appointment of counsel for those purposes. Signed by Magistrate Judge Michael R Merz on 9/22/2014. (kpf1)
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Filing
125
ORDER Granting in part and denying in part 99 Motion for Certificate of Appealability and ADOPTING REPORT AND RECOMMENDATIONS for 105 Report and Recommendations on certificate of appealability. Signed by Chief Judge Susan J. Dlott on 7/13/10. (wam1)
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Filing
113
ORDER SETTING HEARING - This case is before the Court on Motion to Substitute Attorney (Doc. No. 109). The Court has determined that the Motion cannot be decided on the motion papers alone. Therefore a hearing on the Motion is set for Tuesday, April 20, 2010, at 10:00 a.m. in Courtroom #4, Fifth Floor Federal Building, 200 W. Second Street, Dayton, Ohio, before United States Magistrate Judge Michael R. Merz. The Court will issue a writ of habeas corpus ad testificandum for Petitioner's pres ence at said hearing. James Schuster, Robert Lowe, and Jennifer Prillo are ordered to present in person. Because this hearing may involve protected attorney-client communications or matter protected as work product, the hearing will be conducted ex parte, without the presence of counsel for the Respondent. Signed by Magistrate Judge Michael R Merz on 3/29/2010. (kpf1)
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Filing
97
NOTICE - The Court notes Petitioner's Intent to Seek a Certificate of Appealability (Doc. No. 96.) which indicates an intention to file a motion to that effect on or before February 4, 2010. In that the Warden has no objection to that timing, th e Court likewise has no objection. Under Federal Rules of Appellate Procedure 4(a), a notice of appeal must be filed within thirty days of judgment or not later than December 5, 2009. Petitioner has neither sought nor been granted an extension of that deadline. Signed by Magistrate Judge Michael R Merz on 11/17/2009. (kpf1)
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Filing
94
ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 85 Report and Recommendations, 90 Report and Recommendations. The amended petition 22 is DENIED. (wam1) Modified to clarify docket text on 11/6/2009 (sct1).
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Filing
16
AMENDMENT TO SCHEDULING ORDER 12 - The Scheduling Order is amended so that Petitioner shall file his Petition not later than 6/9/2006. Signed by Judge Michael R Merz on 5/30/06. (dp1 )
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