Hand v. Houk
| Gerald Hand |
| Marc Houk |
| 2:2007cv00846 |
| February 12, 2010 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| Sandra S Beckwith |
| Michael R Merz |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
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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
194
OPINION and ORDER overruling Petitioner's Objections 186 and 189 ; adopting 185 the Report and Recommendation; adopting 188 the Supplemental Report and Recommendation; denying 182 Petitioner's Motion to Set Aside Judgment. Signed by Judge Michael H. Watson on 3/10/2020. (jk)
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Filing
185
REPORT AND RECOMMENDATIONS - Petitioner's Motion for Relief from Judgment under Fed.R.Civ.P. 60(b)(6) (ECF No. 182) is both untimely and without merit and should therefore be denied. Because reasonable jurists would not disagree with this co nclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 7/16/2019. Signed by Magistrate Judge Michael R. Merz on 7/1/2019. (kpf)
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Filing
179
SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Petitioner's Objections (ECF No. 176) are not well-taken and should be overruled. The initial Report and Recommendations (ECF No. 175) and this Supplemental Report and Recommendations should be adopted, and Petitioner's Motion to Expand the Scope of Representation (ECF No. 170) should therefore be denied. Objections to R&R due by 3/29/2019. Signed by Magistrate Judge Michael R. Merz on 3/15/2019. (kpf)
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Filing
175
REPORT AND RECOMMENDATIONS Conclusion Hands proposed Ohio R. Civ. P. 60(B) motion is exceptionally tardy for the reasons given above. This Court should not authorize the Capital Habeas Unit of the Federal Public Defenders Office to burden the state courts with completely meritless litigation. The Motion should therefore be denied. Objections to R&R due by 12/4/2018. Signed by Magistrate Judge Michael R. Merz on 11/20/2018. (srb)
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Filing
148
JUDGMENT by clerk; denying the petition for a writ of habeas corpus and granting in part and denying in part a certificate of appealability. Case Terminated. (mb)
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Filing
146
DECISION AND ORDER DENYING MOTION FOR JUDGMENT ENTRY - Respondent's Motion for Judgment Entry (Doc. No. 145) is denied as premature. Signed by Magistrate Judge Michael R Merz on 1/21/2014. (kpf1)
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Filing
144
REPORT AND RECOMMENDATIONS ON MOTION FOR CERTIFICATE OF APPEALABILITY - It is respectfully recommended that Petitioner be granted a certificate of appealability on the fair presentation issue in Ground Two; on sub-claim two of Ground Four; on sub-cl aims 2, 6, and 7 of Ground Five; on Grounds Six and Eight; and on the merits only of subclaim 2 of Ground Nine. All other requests for a certificate of appealability should be denied. Objections to R&R due by 1/21/2014. Signed by Magistrate Judge Michael R Merz on 1/3/2014. (kpf1)
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Filing
141
ORDER denying 121 Motion to Alter Judgment; adopting Report and Recommendation re 127 ; denying [129 ]Objection to Magistrate Judge Order; adopting Supplemental Report and Recommendation re 138 ; denying 139 Objection to Magistrate Judge Order. This case is REFERRED to Mag. Judge Merz for an R&R on the anticipated motion for a certificate of appealability which is due on 11/21/13. Signed by Judge Sandra S Beckwith on 11/18/13. (mb)
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Filing
138
SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON MOTION FOR RECONSIDERATION - It is again respectfully recommended that Petitioner's Motion to Amend (Doc. No. 127) be denied. Objections to R&R due by 11/4/2013. Signed by Magistrate Judge Michael R Merz on 10/16/2013. (kpf1)
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Filing
127
REPORT AND RECOMMENDATIONS - The Motion to Amend under Fed. R. Civ. P. 59(e), construed as a motion forreconsideration, should be denied in its entirety. Objections to R&R due by 10/3/2013. Signed by Magistrate Judge Michael R Merz on 9/16/2013. (kpf1)
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Filing
126
ORDER TO FILE DIGITIZED RECORD AND EXTENDING DATE FOR FILING MOTION FOR CERTIFICATE OF APPEALABILITY. Signed by Magistrate Judge Michael R Merz on 9/13/2013. (kpf1)
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Filing
125
SCHEDULING ORDER RE MOTION FOR CERTIFICATE OF APPEALABILITY - The Court sua sponte extends the time for filing a motion for certificate of appealability to and including September 23, 2013. Signed by Magistrate Judge Michael R Merz on 9/11/2013. (kpf1)
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Filing
118
ORDER adopting Report and Recommendation re 101 adopting Supplemental Report and Recommendation re [111; Overruling petitioner's objections. This case is referred to MJ Merz for a supplement R& R concerning petitioner's motion for a certificate of appealability. Signed by Judge Sandra S Beckwith on 5/29/13. (mb)
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Filing
112
DECISION AND ORDER DENYING MOTION FOR SUBSTITUTE COUNSEL - Petitioner's renewed Motion to Dismiss Counsel and appoint substitute counsel (Doc. No. 109) is denied. Signed by Magistrate Judge Michael R Merz on 7/12/2011. (kpf1)
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Filing
107
ORDER FOR PRE-JUDGMENT BRIEFING ON CERTIFICATE OF APPEALABILITY - It has been this Court's practice in the past to postpone consideration of certificate of appealability issues until after District Judge action on the report and recommendations on the merits. However, Rule 11(a) of the Rules Governing § 2254 cases was amended effective December 1, 2009 and the Court reads this new language to require that any report and recommendation on a certificate of appealability be available for the district judges consideration along with the report and recommendations on the merits. Accordingly, it is hereby ordered that Petitioner file, not later than July 15, 2011, a motion for certificate of appealability on those grounds for relief as to which the Magistrate Judge has recommended denial and which the Petitioner intends to appeal if the District Judge adopts the Magistrate Judge's recommendation. Signed by Magistrate Judge Michael R Merz on 6/3/2011. (kpf1)
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Filing
104
DECISION AND ORDER CONDITIONALLY DENYING MOTION TO DISCHARGE COUNSEL - Gerald Hand has moved this Court pro se to dismiss his appointed counsel (Doc. No. 103). This Motion is denied without prejudice to its renewal on the conditions set forth in this Decision and Order. Signed by Magistrate Judge Michael R Merz on 5/31/2011. (kpf1)
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Filing
80
SCHEDULING ORDER - Confirming the dates agreed upon at the conclusion of the evidentiary hearing, Petitioner's brief on the merits shall be filed not later than April 5, 2010; Respondent's brief on the merits shall be filed not later than May 5, 2010; and Petitioner's reply brief shall be filed not later than June 4, 2010. Signed by Magistrate Judge Michael R Merz on 2/12/2010. (kpf1)
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Filing
69
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S MOTION TO EXPAND THE RECORD OR, IN THE ALTERNATIVE, FOR AN EVIDENTIARY HEARING AND LIMITING USE OF THE AFFIDAVIT OF ELJORN DON NELSON - In accordance with the foregoing opinion , the Motion to Expand the record to include the seven tendered items of evidence is granted insofar as those items have been considered in support of the alternative motion for evidentiary hearing, but otherwise denied. The alternative motion for ev identiary hearing is granted. The Motion to Strike is denied. Counsel shall consult with one another and Judicial Assistant Kelly Kopf to select a time for the hearing. Petitioner's counsel must separately file a motion for writ of habeas corpus ad testificandum to obtain Petitioner's presence for the hearing. Signed by Magistrate Judge Michael R Merz on 9/3/2009. (kopf1, )
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Filing
54
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: Gerald Hand | |
| Represented By: | Jeanne Marie Cors |
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| Respondent: Marc Houk | |
| Represented By: | Seth Patrick Kestner |
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