Turner v. Warden
Petitioner: Michael R Turner
Respondent: Warden
Case Number: 2:2007cv00595
Filed: January 26, 2010
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
Presiding Judge: Michael R. Barrett
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

Available Case Documents

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

Date Filed Document Text
December 27, 2017 Opinion or Order Filing 308 SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS re 304 REPORT AND RECOMMENDATIONS re 298 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM As To The Lethal Injection Claims filed by Warden Warren Correctional Institution Objections to R&R due by 1/10/2018. Signed by Magistrate Judge Michael R. Merz on 12/27/17. (pb)
December 8, 2017 Opinion or Order Filing 304 REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS - This Court should follow Campbell and dismiss Grounds for Relief XV, XVI, XVII, and XVIII without prejudice to their consideration in In re: Lethal Injection Protocol Litig., Case No. 2:11-cv-1016. Objections to R&R due by 12/22/2017. Signed by Magistrate Judge Michael R. Merz on 12/8/2017. (kpf)
May 31, 2017 Opinion or Order Filing 288 DECISION AND ORDER - Petitioner's Renewed Motion for Leave to File an Amended Petition to include Amended Lethal Injection Grounds for Relief (ECF No. 283) is GRANTED. Petitioner shall file a fourth amended petition embodying the four new letha l injection invalidity grounds for relief not later than June 9, 2017. If the Warden appeals from this Decision, Petitioner's time to file the fourth amended petition is extended to and including the tenth day after Judge Black rules on the appeal. Signed by Magistrate Judge Michael R. Merz on 5/31/2017. (kpf) Modified on 5/31/2017 to change document type (kpf).
April 6, 2017 Opinion or Order Filing 282 DECISION AND ORDER - The Court sua sponte extends Petitioner's leave to file a renewed motion to amend to include lethal injection claims to and including April 17, 2017, on the following conditions: 1. The grounds for relief requested to be ad ded shall be set forth verbatim in the body of the motion or in an attachment as previously done. There shall be no incorporation by reference. 2. The motion shall be accompanied by a memorandum of law supporting the amendment under Fed. R. Civ. P. 15. Petitioner shall demonstrate cognizability by reference to Adams III and shall include parallel PageID references to each place in the pending complaint in In re: Ohio Injection Protocol Litig., Case no 2:11-cv-1016, where a claim is made based on the same constitutional right relied on in the proposed amendment. 3. Because the Warden has raised a statute of limitations defense, Petitioner shall show why the proposed amendments are not barred by the statute of limitations. 4. If Petitioner intends to take the position that a motion to amend is a dispositive motion on which a Magistrate Judge is unauthorized to act but must file a report and recommendations, Petitioner shall state that position in the motion to amend and provide legal authority in support. Signed by Magistrate Judge Michael R. Merz on 4/6/2017. (kpf)
April 22, 2016 Opinion or Order Filing 271 ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 264 ). Signed by Judge Timothy S. Black on 4/22/2016. (mr)
March 16, 2016 Opinion or Order Filing 268 ORDER WITHDRAWING DECISION - It is hereby ORDERED that the Decision and Order (ECF No. 258) be, and it hereby is, WITHDRAWN. Petitioner is granted leave to file a supplemental memorandum in support of his Motion for Leave not later than April 1, 2016. The Warden may file a responsive memorandum not later than two weeks after the Petitioner files. Signed by Magistrate Judge Michael R. Merz on 3/16/2016. (kpf)
February 25, 2016 Opinion or Order Filing 264 REPORT AND RECOMMENDATIONS re 260 MOTION for Leave to File Fourth Amended Petition Without Lethal Injection Grounds filed by Michael R Turner. Objections to R&R due by 3/14/2016. Signed by Magistrate Judge Michael R. Merz on 2/25/2016. (kpf)
January 19, 2016 Opinion or Order Filing 258 DECISION AND ORDER - Petitioner's Motion for Leave to File a Fourth Amended Petition (ECF No. 253) is DENIED. Signed by Magistrate Judge Michael R. Merz on 1/19/2016. (kpf)
October 29, 2015 Opinion or Order Filing 254 ORDER ADOPTING REPORT AND RECOMMENDATIONS 251 . Signed by Judge Timothy S. Black on 10/28/15. (mr)
September 9, 2015 Opinion or Order Filing 251 REPORT AND RECOMMENDATIONS re 246 MOTION to Dismiss RENEWED MOTION TO DISMISS filed by Warden Warren Correctional Institution Objections to R&R due by 9/28/2015. Signed by Magistrate Judge Michael R. Merz on 9/9/2015. (srb)
September 29, 2014 Opinion or Order Filing 232 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)
March 24, 2014 Opinion or Order Filing 227 ORDER ADOPTING REPORT AND RECOMMENDATIONS 223 . It is hereby ORDERED that Petitioner's Fifteenth and Sixteenth Grounds for Relief are DISMISSED without prejudice as moot. Signed by Judge Timothy S. Black on 3/24/2014. (mr1)
February 10, 2014 Opinion or Order Filing 223 ORDER GRANTING 219 MOTION to Stay filed by Michael R Turner; REPORT AND RECOMMENDATIONS that because Petitioner concedes that his Fifteenth and Sixteenth Grounds for Relief may no longer be viable, (Doc. No. 219, PageID 10348), it is respectfully r ecommended that those claims be dismissed without prejudice as moot. Objections to R&R due by 2/27/2014. Further consideration of Turners lethal injection claims is STAYED to and including March 17, 2014, the sixtieth day after the execution of Dennis McGuire. Not later than that date, Turner 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 2/10/2014. (gh1)
February 7, 2014 Opinion or Order Filing 222 ORDER granting 219 Motion to Stay- Turners lethal injection claims are STAYED to and including March 17, 2014. Not later than that date, Turner 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)
June 18, 2013 Opinion or Order Filing 212 SCHEDULING ORDER - With the agreement of the parties, the Court adopts the following schedule: 1. Amended Return of Writ due August 5, 2013; 2. Amended Traverse due September 18, 2013; 3. Warden's Motion for Judgment on the Pleadings due October 21, 2013; and 4. Petitioners Motion for Discovery due October 21, 2013. Signed by Magistrate Judge Michael R Merz on 6/18/2013. (kpf1)
March 22, 2013 Opinion or Order Filing 205 ORDER DECLARING PENDING REPORTS AND RECOMMENDATIONS MOOT. Signed by Judge Timothy S. Black on 3/22/2013. (mr1)
March 21, 2013 Opinion or Order Filing 204 DECISION AND ENTRY OVERRULING RESPONDENT'S OBJECTIONS TO THE DECISION AND ORDER OF THE MAGISTRATE JUDGE - 1. The Supplemental Opinion and Recommendations (Doc. 175 ) is ADOPTED; 2. Respondents objections (Docs. 167 , 183 ) are OVERRULED; and 3. Petitioner shall file an Amended Petition forthwith. Signed by Judge Timothy S. Black on 3/21/2013. (mr1)
January 3, 2013 Opinion or Order Filing 195 SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON ISSUES RAISED BY RECENT SUPREME COURT DECISIONS - Upon reconsideration in light of the Martinez Objections, the Magistrate Judge concludes they do not require modification of the recommendations already made in this case. Objections to R&R due by 1/22/2013. Signed by Magistrate Judge Michael R Merz on 1/3/2013. (kpf1)
December 3, 2012 Opinion or Order Filing 193 RECOMMITTAL ORDER. This matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report. Signed by Judge Timothy S. Black on 12/3/2012. (mr1)
October 18, 2012 Opinion or Order Filing 188 REPORT AND RECOMMENDATIONS ON ISSUES RAISED BY RECENT SUPREME COURT DECISIONS - Having reconsidered the Report and Recommendations and Supplemental Report and Recommendations in light of Turner's Supplemental Memorandum, the Magistrate Judge finds no occasion to modify the analysis or conclusions in those Reports. Objections to R&R due by 11/5/2012. Signed by Magistrate Judge Michael R Merz on 10/18/2012. (kpf1)
October 12, 2012 Opinion or Order Filing 187 RECOMITTAL ORDER. Signed by Judge Timothy S. Black on 10/12/12. (mr1)
July 11, 2012 Opinion or Order Filing 175 REPORT AND RECOMMENDATIONS - the Magistrate Judge recommends the 167 Objection be overruled on the basis set forth in the Magistrate Judge's Supplemental Opinion and Recommendations in Waddy v. Coyle, Case No. 3:98-cv-084 (Doc. No. 188). Objections to R&R due by 7/30/2012. Signed by Magistrate Judge Michael R Merz on 7/11/2012. (sc1)
June 12, 2012 Opinion or Order Filing 171 RECOMMITTAL ORDER: This capital habeas corpus case is before the Court on Respondent's Objections (Doc. No. 167 ) to the Magistrate Judge's Decision and Order (Doc. No. 165 ). As permitted by Fed. R. Civ. P. 72, the Petitioner has filed a Response to those Objections (Doc. No. 169 ). The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Ci v. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental opinion analyzing the Objections and Response and making recommendations based on that analysis. Signed by Judge Timothy S. Black on 6/12/12. (mr1)
February 15, 2012 Opinion or Order Filing 152 SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON THE MERITS; REPORT AND RECOMMENDATIONS ON CERTIFICATE OF APPEALABILITY - It is therefore respectfully recommended that this ground for relief be denied on the basis the precedent cited in the Report, but that a certificate of appealability 149 be granted. Objections to R&R due by 3/5/2012. Signed by Magistrate Judge Michael R Merz on 02/15/2012. (kf)
January 26, 2010 Opinion or Order Filing 114 DECISION AND ORDER STRIKING PETITIONER'S NOTICE OF ADDITIONAL WITNESS DESIGNATION - Accordingly, Lt. Elliott is stricken as a witness without prejudice to a motion to add him which satisfies the requirements for an evidentiary hearing under § 2254(e)(2) and S. D. Ohio Civ. R. 7.3. Signed by Magistrate Judge Michael R Merz on 1/26/2010. (kpf1)
December 11, 2009 Opinion or Order Filing 99 ENTRY MEMORIALIZING RESULTS OF STATUS CONFERENCE AND SETTING FURTHER PARAMETERS FOR EVIDENTIARY HEARING - Regarding Petitioner's Memorandum re Brandie Fox and Adam Turner, in lieu of any perpetuation deposition, their testimony will be taken liv e in open court on December 28, 2009, at 9:30 A.M. On oral motion of the Petitioner, a writ of habeas corpus ad testificandum will issue for the Petitioner's appearance at the hearing. Petitioner's Motion for Perpetuation Depositions of Ed ward Turner, Paula Cox and Larry Hancock (Doc. No. 98) is granted provided that they shall be video recorded and provided Petitioner's counsel is unable to persuade them to attend the evidentiary hearing in Ohio, the Court recognizing that they are beyond its subpoena power. The Court reiterates, however, its strong preference that they appear live. Having reviewed Petitioner's Memorandum on the Relevance of Testimony of Appellate Counsel, the Court finds that both Mr. Edwards and Mr. Barstow may be called to testify at the evidentiary hearing. Counsel will promptly consult with one another and with Judicial Assistant Kelly Kopf to determine appropriate dates for completing the hearing. Signed by Magistrate Judge Michael R Merz on 12/11/2009. (kpf1)
May 20, 2009 Opinion or Order Filing 82 EXTENSION OF TIME - On request of Petitioner made in his Amended Third Status Report, consent of the Respondent, and good cause shown, the time within which Petitioner shall file any renewed motion for evidentiary hearing is extended to and including September 1, 2009. Signed by Magistrate Judge Michael R Merz on 5/20/2009. (kopf1, )
April 14, 2009 Opinion or Order Filing 77 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: Michael R Turner
Represented By: Sharon A Hicks
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Respondent: Warden
Represented By: Thomas E Madden
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