Hughbanks v. Hudson
Petitioner: Gary L. Hughbanks, Jr.
Respondent: Stuart Hudson
Case Number: 1:2007cv00111
Filed: February 12, 2007
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: HAMILTON
Presiding Judge: Michael R Merz
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution
Jury Demanded By: None
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Date Filed Document Text
October 9, 2018 Opinion or Order Filing 250 DECISION AND ORDER DENYING MOTION FOR RECONSIDERATION 246 . Signed by Magistrate Judge Michael R. Merz on 10/9/2018. (kpf)
November 13, 2017 Opinion or Order Filing 240 DECISION AND ORDER GRANTING MOTION TO DISMISS LETHAL INJECTION CLAIM. Signed by Magistrate Judge Michael R. Merz on 11/13/2017. (kpf)
June 22, 2017 Opinion or Order Filing 221 DECISION AND ORDER ON MOTION TO DISMISS LETHAL INJECTION AS-APPLIED CLAIMS - The Warden's Motion to Dismiss 215 is DENIED. Signed by Magistrate Judge Michael R. Merz on 6/22/2017. (kpf)
April 13, 2017 Opinion or Order Filing 212 CORRECTED DECISION AND ORDER ON MOTION TO AMEND - Hughbanks' Motion for Leave to File an Amended Petition (ECF No. 203) is GRANTED. He shall file not later than April 24, 2017, a Third Amended Petition including all (but only) the grounds for relief he has been permitted to plead heretofore. Signed by Magistrate Judge Michael R. Merz on 4/12/2017. (kpf)
April 12, 2017 Opinion or Order Filing 211 DECISION AND ORDER ON MOTION TO AMEND - Hughbanks' Motion for Leave to File an Amended Petition (ECF No. 203) is GRANTED. He shall file not later than April 24, 2017, a Third Amended Petition including all (but only) the grounds for relief he has been permitted to plead heretofore. Signed by Magistrate Judge Michael R. Merz on 4/12/2017. (kpf) Modified on 4/12/2017 to change document type (kpf).
January 31, 2017 Opinion or Order Filing 202 DECISION AND ORDER ON MOTION TO DISMISS - Warden's Motion to Dismiss for Untimely Filing the Fourth Ground for Relief (ECF No. 191) is GRANTED. Petitioner concedes that his Fifteenth, Sixteenth, Seventeenth, and Eighteenth Claims for Relief are barred by the statute of limitations (ECF No. 19) As to those four Claims for Relief, the Motion to Dismiss is also GRANTED. Signed by Magistrate Judge Michael R. Merz on 1/31/2017. (kpf)
May 22, 2015 Opinion or Order Filing 158 ORDER DISSOLVING STAY AND SETTING SCHEDULE - Respondent has notified the Court that the Ohio Supreme Court has declined to exercise jurisdiction over Petitioner's appeal from denial of his petition for post-conviction relief related to his Third and Tenth Claims for Relief. Those remedies having now been exhausted, the stay is DISSOLVED.Not later than July 1, 2015, Respondent shall file an amended return of writ conforming to the requirements of Rule 5 of the Rules Governing 2254 Cases.Petitioner may, not later than twenty-one days after the answer is filed, file and serve a reply to the answer. Signed by Magistrate Judge Michael R. Merz on 5/22/2015. (kpf)
July 11, 2012 Opinion or Order Filing 138 DECISION AND ORDER - the Court DENIES the 133 Motion for Reconsideration on the basis set forth in the Magistrate Judge's Supplemental Opinion andRecommendations in Waddy v. Coyle, Case No. 3:98-cv-084 (Doc. No. 188). Signed by Magistrate Judge Michael R Merz on 7/11/2012. (sc1)
February 28, 2012 Opinion or Order Filing 123 APPOINTMENT OF SUBSTITUTE COUNSEL. Attorneys David Paul Williamson and Carla J. Morman added for Petitioner Gary L. Hughbanks, Jr. Signed by Magistrate Judge Michael R Merz on 2/28/2012. (mdf1)
January 29, 2010 Opinion or Order Filing 106 DECISION AND ORDER GRANTING PETITIONER'S MOTION TO STAY PROCEEDINGS PENDING EXHAUSTION - Petitioner's Motion to Hold Proceedings in Abeyance Until the State Court Proceedings Have Been Fully Exhausted (Doc. No. 100)is GRANTED. All further p roceedings herein are stayed and Petitioner is ordered to file his new petition for post-conviction relief in the Hamilton County Common Pleas Court not later than April 1, 2010. The parties shall keep this Court currently advised of the status of those proceedings. Signed by Magistrate Judge Michael R Merz on 1/29/2010. (kpf1)
September 3, 2009 Opinion or Order Filing 93 DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S MOTION FOR EXPANSION OF THE RECORD - This capital habeas corpus case is before the Court on Petitioner's motion to expand the record in lieu of an evidentiary hearing (Doc . No. 87). The record remains expanded by the discovery materials submitted by Petitioner only for the purpose of determining whether an evidentiary hearing should be granted. Petitioner's renewed motion for evidentiary hearing shall be filed not later than September 17, 2009. The Court has made no ruling on any claim of lack of exhaustion by the State. Signed by Magistrate Judge Michael R Merz on 9/3/2009. (kopf1, )
August 26, 2009 Opinion or Order Filing 89 ORDER GRANTING UNOPPOSED MOTION FOR EVIDENTIARY HEARING - Petitioner's Motion for Evidentiary Hearing (Doc. No. 81)is granted. This is without prejudice to the Court's determination of Petitioner's Motion for Supplementation of the Record (Doc. No. 87)which will be ripe for decision on September 1, 2009, or whenever Petitioner timely files a reply memorandum. Signed by Magistrate Judge Michael R Merz on 8/26/2009. (kopf1, )
July 20, 2009 Opinion or Order Filing 84 DECISION AND ORDER CLARIFYING THE COURT'S ORDER ALLOWING EXPANSION OF THE RECORD. Signed by Magistrate Judge Michael R Merz on 7/20/2009. (kopf1, )
April 14, 2009 Opinion or Order Filing 68 AMENDMENT TO ORDER APPOINTING COUNSEL - In this capital habeas corpus case, the Order appointing counsel refers to the Petitioner's qualification for appointed counsel under 21 U.S.C. § 848(q). As of March 9, 2006, that statute was replaced with 18 U.S.C. § 3599. The Court finds that the Petitioner is qualified for appointed counsel under 18 U.S.C. § 3599 and the appointment of counsel heretofore made shall be deemed to have been made under the newer statute. Signed by Magistrate Judge Michael R Merz on 4/14/2009. (kopf1, )
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Petitioner: Gary L. Hughbanks, Jr.
Represented By: Dennis Lyle Sipe
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Respondent: Stuart Hudson
Represented By: Michael S Warbel
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