Sheppard v. Warden Chillicothe Correctional Institution
| Warden Chillicothe Correctional Institution |
| Bobby T. Sheppard |
| 1:2012cv00198 |
| March 8, 2012 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| FRANKLIN |
| Gregory L Frost |
| Michael R Merz |
| Death Penalty |
| 28 U.S.C. ยง 2241 |
| 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
121
DECISION AND ENTRY adopting Report and Recommendations re 120 . Signed by Judge Timothy S. Black on 2/13/2024. (rrs)
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Filing
120
REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS; WITHDRAWAL OF SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON TRANSFER - The replacement judgment renders moot the Reports and Recommendations on transfer (ECF Nos. 103, 106, and 114) which are hereb y WITHDRAWN. Because this case is moot, it is respectfully recommended that it be dismissed without prejudice to any claims Petitioner may have with respect to the replacement judgment. Because reasonable jurists would not disagree with this conclu sion, particularly because the Motion to Dismiss was not opposed, it is also recommended that Petitioner be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Signed by Magistrate Judge Michael R. Merz on 1/11/2024. (kpf)
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Filing
114
SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - The Magistrate Judge again recommends the Court transfer this case to the Sixth Circuit for a determination under 28 U.S.C. § 2244(b) of whether it may proceed. Objections to R&R due by 1/31/2018. Signed by Magistrate Judge Michael R. Merz on 1/17/2018. (kpf)
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Filing
111
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO SET DEADLINE 110 - Petitioner's time to object is EXTENDED to and including January 10, 2018. Signed by Magistrate Judge Michael R. Merz on 11/30/2017. (kpf)
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Filing
106
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Objections to R&R due by 10/30/2017. Signed by Magistrate Judge Michael R. Merz on 10/16/2017. (kpf)
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Filing
103
REPORT AND RECOMMENDATIONS re 2 The District Judge should conclude both the original Petition in this case and the pending Motion to Amend are second-or-successive habeas applications and transfer them to the Sixth Circuit for a determination under 28 U.S.C. § 2244(b) of whether Sheppard may proceed on either of them. In re Sims, supra. Objections to R&R due by 9/29/2017. Signed by Magistrate Judge Michael R. Merz on 9/15/17. (kma)
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Filing
80
ORDER staying briefing on Petitioner's objection until issuance of the Adams v. Bradshaw mandate. Signed by Judge Gregory L. Frost on 3/22/16. (kn)
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Filing
75
DECISION AND ORDER DENYING RENEWED MOTION TO AMEND AND TRANSFERRING CASE TO THE SIXTH CIRCUIT - It is ORDERED that this case be transferred to the Sixth Circuit for a determination of whether it can proceed. The effective date of this transfer is STAYED until review of this Order by Judge Frost. Signed by Magistrate Judge Michael R. Merz on 2/16/2016. (kpf)
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Filing
63
ORDER denying 62 Motion to Vacate. Signed by Judge Gregory L. Frost on 7/10/15. (kn)
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Filing
58
ORDER - The Court adopts the Magistrate Judge's April 1, 2015 Decision and Order 52 ; Overrules Petitioner's appeal from that decision 53 , and Denies Petitioners third motion for modification of the scheduling order 48 .. Signed by Judge Gregory L. Frost on 4/8/15. (kn)
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Filing
52
DECISION AND ORDER DENYING PETITIONER'S THIRD MOTION FOR MODIFICATION OF SCHEDULING ORDER - Petitioner's Third Motion to Modify Scheduling Order and Extend Time to Amend or Supplement His Method-of-Execution Claims (Doc. No. 48) is DENIED. Signed by Magistrate Judge Michael R Merz on 4/1/2015. (kpf1)
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Filing
45
ORDER - This capital habeas corpus case is before the Court on Petitioner's Second Motion to Modify Scheduling Order and Extend the Time to Amend or Supplement His Method-of-Execution Claims (Doc. No. 44). 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 method-of-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 9/22/2014. (kpf1)
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Filing
42
ORDER directing Petitioner, within sixty (60) days of the date the State of Ohio releases any and all reports that result from the investigation into the Mcquire execution, to file any amendment or supplement to Petitioner's method of execution claims. Respondent shall, have thirty (30) days to file an amended Return of Writ. Petitioner shall have thirty (30) days to file an amended Traverse/Reply.. Signed by Judge Gregory L Frost on 3/25/14. (kn)
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Filing
38
OPINION AND ORDER. Petitioner's first and second grounds for relief are without merit. The Court certifies both grounds for appeal. Signed by Judge Gregory L Frost on 7/5/13. (kn)
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Filing
35
ORDER denying 16 Respondent's Motion to Dismiss; adopting Report and Recommendation 19 ; adopting Report and Recommendation 28 ; adopting Supplemental Report and Recommendation 29 ; Respondent shall have 30 days from the date of this Opinion and Order to file an answer; Petitioner shall have 21 days from the date Respondent files an answer to file any reply. Signed by Judge Gregory L Frost on 1/14/13. (sem1)
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Filing
34
DECISION AND ORDER DEEMING WARDEN'S MOTION TO DISMISS MOOT; SCHEDULING ORDER. Signed by Magistrate Judge Michael R Merz on 10/2/12. (kje1)
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Filing
29
SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON REMAND QUESTION - For the reasons set forth in the Report and Recommendations on the Warden's Motion to Dismiss (Doc. No. 28), the Court should find that Sheppard's claims made in the Petition here arose after judgment was final in the prior case and therefore this is not a second or successive petition. Objections to R&R due by 9/14/2012. Signed by Magistrate Judge Michael R Merz on 8/28/2012. (kpf1)
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Filing
19
REPORT AND RECOMMENDATIONS ON REMANDED ISSUE- 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 7/20/2012. Signed by Magistrate Judge Michael R Merz on 7/3/2012. (kpf1)
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Filing
14
BRIEFING ORDER - This capital habeas corpus case is before the Court on remand from the Sixth Circuit Court of Appeals (Doc. No. 13) which has ordered this Court "to determine whether Sheppard's petition constitutes a second or successive petition under § 2244(b)." It is ordered that the parties file any additional argument they wish the Court to consider on that question not later than June 15, 2012. Signed by Magistrate Judge Michael R Merz on 5/30/2012. (kpf1)
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Filing
12
DECISION AND ORDER TRANSFERRING CASE TO THE COURT OF APPEALS. Signed by Magistrate Judge Michael R Merz on 04/05/12. (pb1)(COA)
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Filing
8
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. 1-00-cv-493. 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 she 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 3/9/2012. (mdf1)
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| Petitioner: Bobby T. Sheppard | |
| Represented By: | Allen L. Bohnert |
| Represented By: | Sharon A Hicks |
| Represented By: | Carol Ann Wright |
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| Defendant: Warden Chillicothe Correctional Institution | |
| Represented By: | Charles L Wille |
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