Smith v. Warden Franklin Medical Center
| Kenneth W. Smith |
| Warden Franklin Medical Center |
| 1:2012cv00196 |
| March 8, 2012 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| BUTLER |
| Michael R Merz |
| Thomas M Rose |
| Death Penalty |
| 28 U.S.C. ยง 2254 |
| 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
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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.
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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)
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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)
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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)
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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)
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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)
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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)
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| Petitioner: Kenneth W. Smith | |
| Represented By: | Allen L. Bohnert |
| Represented By: | Sharon A Hicks |
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| Respondent: Warden Franklin Medical Center | |
| Represented By: | Charles L Wille |
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