Smith v. Warden Franklin Medical Center
Petitioner: Kenneth W. Smith
Respondent: Warden Franklin Medical Center
Case Number: 1:2012cv00196
Filed: March 8, 2012
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: BUTLER
Presiding Judge: Michael R Merz
Presiding Judge: Thomas M Rose
Nature of Suit: Death Penalty
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 17, 2017 Opinion or Order Filing 113 ENTRY AND ORDER OVERRULING APPEAL 105 AND OBJECTIONS 111 , AFFIRMING TRANSFER ORDER 103 , AND DIRECTING TRANSFER OF THIS CASE TO THE SIXTH CIRCUIT COURT OF APPEALS. Signed by Judge Thomas M. Rose on 7-17-2017. (de) Modified on 7/18/2017 to change document type(kpf).
May 17, 2017 Opinion or Order Filing 108 SUPPLEMENTAL MEMORANDUM OPINION - Having reconsidered the matter in light of the Objections, the Magistrate Judge remains persuaded that this case must be transferred to the Sixth Circuit Court of Appeals. Signed by Magistrate Judge Michael R. Merz on 5/17/2017. (kpf)
April 3, 2017 Opinion or Order Filing 103 MEMORANDUM OPINION AND TRANSFER ORDER - This case is a second-or-successive habeas corpus attack on the same judgment and sentence of death collaterally attacked in Smiths prior habeas case. It thus may not proceed without permission of the circui t court under 28 U.S.C. § 2244(b). This case is therefore ordered TRANSFERRED to the United States Court of Appeals for the Sixth Circuit for determination of whether or not it may proceed. The effective date of this Order is POSTPONED until District Judge Rose decides any appeal from this Order. Signed by Magistrate Judge Michael R. Merz on 4/3/2017. (kpf)
February 16, 2017 Opinion or Order Filing 92 DECISION AND ORDER - Petitioner's Motion for Leave to File an Amended Petition to Address a Newly Ripe Claim under Hurst v. Florida (ECF No. 86) is DENIED. Signed by Magistrate Judge Michael R. Merz on 2/16/2017. (kpf)
September 29, 2015 Opinion or Order Filing 63 DECISION AND ORDER - Petitioner's Motion for Leave to File a Second Amended Petition (ECF No. 60) is DENIED without prejudice to its renewal not later than October 30, 2015. Any renewed motion to amend must show clearly the distinction between the proposed lethal injection validity claims and parallel method of execution claims made by Smith as a plaintiff in In re Ohio Lethal Injection Protocol Litig., Case No. 2:11-cv-1016. Signed by Magistrate Judge Michael R. Merz on 9/29/2015. (kpf)
April 16, 2015 Opinion or Order Filing 47 ENTRY AND ORDER - Petitioner having filed his Motion for Leave to File an Amended and Supplemental Petition for Writ of Habeas Corpus (doc. 46 ) on April 13, 2015, within the Court's previously ordered time frame, the Court DENIES, as moot, the Petitioner's appeal (doc. 44 ) of the Court's Decision and Order (doc. 43 ). Signed by Judge Thomas M. Rose on 4/16/15. (ep)
September 29, 2014 Opinion or Order Filing 37 ORDER - 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 methodof-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 9/29/2014. (kpf1)
February 7, 2014 Opinion or Order Filing 32 ORDER granting 29 Motion to Stay- Smith's Motion is GRANTED. Further consideration of Smith's lethal injection claims is STAYED to and including March 17, 2014. Not later than that date, Smith 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)
December 5, 2012 Opinion or Order Filing 21 ORDER FOR ANSWER - it is hereby ORDERED that Respondent shall, not later than January 7, 2013, file an answer 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.The Clerk is ordered to serve the Petition on Respondent and the Attorney General of Ohio, c/o Assistant Attorney General Charles L. Wille, 150 E. Gay Street, 16th Floor, Columbus, Ohio 43215. Signed by Magistrate Judge Michael R Merz on 12/5/12. (kje1)
December 4, 2012 Opinion or Order Filing 20 ENTRY AND ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 11 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (Doc. 17 ) IN THEIR ENTIRETY AND FINDING THAT SMITHS PETITION FOR A WRIT OF HABEAS CORPUS IS NOT BARRED AS A SECOND OR SUCCESSIVE PETITION Signed by Judge Thomas M Rose on 12/4/12. (kje1) Modified on 12/4/2012 to correct text (kje1) NEF REGENERATED.
October 26, 2012 Opinion or Order Filing 17 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the matter in light of the Warden's Objections, the Magistrate Judge again respectfully recommends that the Court find, on remand from the Sixth Circuit, that the instant Petition is not barred as a second-or-successive petition under 28 U.S.C. § 2244. Objections to R&R due by 11/13/2012. Signed by Magistrate Judge Michael R Merz on 10/26/2012. (kpf1)
September 26, 2012 Opinion or Order Filing 16 RECOMMITTAL ORDER - Petitioner has responded to those Objections (Doc. No. 15 ). The District Judge has preliminarily considered the Objections and believes the issues raised therein will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report and recommendations. Signed by Judge Thomas M Rose on 09/26/12. (pb1)
August 27, 2012 Opinion or Order Filing 11 REPORT AND RECOMMENDATIONS - This capital habeas corpus case is before the Court on remand from the United States Court. The Court should conclude that the instant Petition is not a second or successive petition within the meaning of § 2244(b) and proceed with its adjudication. Objections to R&R due by 9/13/2012. Signed by Magistrate Judge Michael R Merz on 8/27/2012. (kpf1)
April 5, 2012 Opinion or Order Filing 10 DECISION AND ORDER TRANSFERRING CASE TO THE COURT OF APPEALS - This case is transferred to the Sixth Circuit Court of Appeals for its determination of whether the instant Petition is a second or successive petition and whether, if it is, Petitioner may be permitted to proceed. Signed by Magistrate Judge Michael R Merz on 04/05/12. (pb1)(COA)
March 26, 2012 Opinion or Order Filing 7 SCHEDULING ENTRY - In the body of the Petition in this case, Petitioner takes the position that this is not a second or successive habeas corpus petition, despite the prior filing of Case No. 1-99-CV-832. The Attorney General was given an opportunity to respond to that position and opposes it (Doc. No. 6). Petitioner may file any response he wishes the Court to consider to the Attorney General's position not later than March 30, 2012. Signed by Magistrate Judge Michael R Merz on 3/26/2012. (kpf1)
March 9, 2012 Opinion or Order Filing 4 ORDER FOR RESPONSE: It is hereby ORDERED that Respondent file any argument he wishes the Court to consider on the question whether the Petition herein is a second or successive petition on which Petitioner requires the prior permission of the Sixth Circuit to proceed not later than March 19, 2012. Signed by Magistrate Judge Michael R Merz on 3/9/12. (cib1)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Smith v. Warden Franklin Medical Center
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Kenneth W. Smith
Represented By: Allen L. Bohnert
Represented By: Sharon A Hicks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Warden Franklin Medical Center
Represented By: Charles L Wille
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?