Lynch v. Hudson
Petitioner: Ralph Lynch
Respondent: Stuart Hudson
Case Number: 2:2007cv00948
Filed: June 26, 2007
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
Presiding Judge: Mark R. Abel
Presiding Judge: Gregory L Frost
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
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
August 26, 2022 Opinion or Order Filing 146 ORDER ADOPTING REPORT AND RECOMMENDATIONS Consistent with the recommendation by the Magistrate Judge (and based on the 144 Suggestion of Death of Petitioner Ralph Lynch filed by his counsel), 11 Lynch's Petition under 28 U.S.C. § 2254 f or a Writ of Habeas Corpus is hereby DISMISSED with prejudice. The sole pending 104 motion remaining for decision in this case is DENIED as moot and Petitioner's outstanding 133 141 objections to the various 118 130 138 Reports and Recommendations by the Magistrate Judge regarding this motion are OVERRULED as moot. Signed by Judge Michael R. Barrett on 8/26/2022. (kkz)
August 10, 2022 Opinion or Order Filing 145 REPORT AND RECOMMENDATIONS - This capital habeas corpus case is before the Court on the Suggestion of Petitioner's Death (ECF No. 144). Lynch's cause of action in habeas corpus does not survive his death in that he no longer remains in custody. It is accordingly recommended that this case be dismissed with prejudice and all pending motions be denied as moot. Objections to R&R due by 8/24/2022. Signed by Magistrate Judge Michael R. Merz on 8/10/2022. (kpf)
August 9, 2017 Opinion or Order Filing 138 SECOND SUPPLEMENT TO SUBSTITUTED REPORT ANDRECOMMENDATIONS - Having reconsidered the matter in light of the Objections and in light of Moore v. Texas, supra, the Magistrate Judge again respectfully recommends the District Court deny Lynch's Motion to Amend (ECF No. 104) and advise the Sixth Circuit that the remand has been completed, so that it may resume its review on the merits. Objections to R&R due by 8/23/2017. Signed by Magistrate Judge Michael R. Merz on 8/9/2017. (kpf)
February 3, 2017 Opinion or Order Filing 130 SUPPLEMENT TO SUBSTITUTED REPORT AND RECOMMENDATIONS - This Court should DENY Petitioner's Motion to Amend (ECF No. 104) and advise the Sixth Circuit that the remand is completed so that it may resume consideration of the case on the merits. Objections to R&R due by 2/17/2017. Signed by Magistrate Judge Michael R. Merz on 2/3/2017. (kpf)
September 2, 2016 Opinion or Order Filing 118 SUBSTITUTED REPORT AND RECOMMENDATIONS; SCHEDULING ORDER - This capital habeas corpus case is before the Court on Objections both by Respondent(ECF No. 111) and by Petitioner (ECF No. 112) to the Magistrate Judges Supplemental Report and Recommendati ons (ECF No. 110 ) as to the appropriate disposition of Petitioners Motion to Alter or Amend (ECF No. 104 ) Judge Frosts Opinion and Order of April 21, 2016 (ECF No. 101 ). Judge Barrett has recommitted the matter for reconsideration in light of th e Objections (ECF No. 114 ). To simplify review, the Magistrate Judge WITHDRAWS the Report and Recommendations (ECF No. 106 ) and Supplemental Report and Recommendations (ECF No. 110 ) and treats all issues raised by the parties in this one Substit uted Report. The Magistrate Judge will file a supplement to this Substituted Report and Recommendations recommending to Judge Barrett an appropriate disposition of Lynchs arguments as to how Hall and Brumfield apply to this case. Objections to R&R due by 9/19/2016. Signed by Magistrate Judge Michael R. Merz on 9/2/16. (pb)
August 29, 2016 Opinion or Order Filing 117 ORDER - It is ORDERED that the Court's prior Order that Petitioner file a motion under Fed. R. Civ. P. 60(b) raising his claims that Hall and Brumfield apply to this case be, and it hereby is AMENDED to set the date for filing to fourteen days after the District Judges ruling on Lynch's above-mentioned objection. Signed by Magistrate Judge Michael R. Merz on 8/29/2016. (kpf)
July 28, 2016 Opinion or Order Filing 110 SUPPLEMENTAL REPORT AND RECOMMENDATIONS; SCHEDULING ORDER - Even though this case is before the Court on a general remand from the Sixth Circuit, the Courts judgment of September 28, 2011, remains final. That is to say, even if this Supplemental Repo rt and Recommendations is adopted by Judge Barrett, the only changes to the final judgment will be (1) Judge Frost's decision that the Gelbort Affidavit is barred by Pinholster and (2) the determination that Hall and Brumfield apply to this case generally without any conclusion as to what difference that makes. As the Report notes, Petitioner's argument about the applicability of those cases is very cursory. It is accordingly ORDERED that Lynch file any motion he may wish the Court to consider under Fed. R. Civ. P. 60(b), arguing the applicability of Hall and Brumfield to this case not later than September 1, 2016. Objections to R&R due by 8/15/2016. Signed by Magistrate Judge Michael R. Merz on 7/28/201 6. (kpf)
June 14, 2016 Opinion or Order Filing 106 REPORT AND RECOMMENDATIONS - It is respectfully recommended that Petitioner's Motion to Alter and Amend under Fed. R. Civ. P. 59(e) (ECF No. 104) be DENIED. Objections to R&R due by 7/1/2016. Signed by Magistrate Judge Michael R. Merz on 6/13/2016. (kpf)
April 21, 2016 Opinion or Order Filing 101 OPINION AND ORDER - re 92 Brief - Petitioner filed by Ralph Lynch. The Court adheres to its original decision that Pinholster precludes the Court from considering Dr. Gelbort's materials as to any of Petitioner's claims that the state courts adjudicated on the merits. Signed by Judge Gregory L. Frost on 4/21/16. (kn)
February 8, 2012 Opinion or Order Filing 81 ORDER denying 71 Petitioner's Motion to Alter or Amend the Judgment and denying 72 Petitioner's Motion to Stay this Matter and hold the Proceedings In Abeyance. Signed by Judge Gregory L Frost on 2/8/12. (sem1)
September 28, 2011 Opinion or Order Filing 68 ORDER denying 59 Petitioner's Motion for an Evidentiary Hearing; granting 65 Respondent's Motion for Reconsideration of the Court's Order granting Rule 7 Expansion of the Record; The Court also DENIES Petitioner's Habeas Corpus Claims and DISMISSES this action; The Court further CERTIFIES FOR APPEAL Grounds One, Two, Five, Seven, Eight, Ten, Eleven and Thirteen. Signed by Judge Gregory L Frost on 9/28/11. (sem1)
May 24, 2010 Opinion or Order Filing 49 ORDER granting 37 Petitioner's Motion to Expand or Supplement the Record and granting 43 Petitioner's Motion for Leave to File a Supplemental Motion to Expand or Supplement the Record. Signed by Judge Gregory L Frost on 5/24/10. (sem1)
October 29, 2009 Opinion or Order Filing 31 ORDER granting 27 Petitioner's Request for funds to employ a neuropsychologist and denying Petitioner's Request for funds to employ a clinical psychologist. Signed by Judge Gregory L Frost on 10/29/09. (sem1)
February 25, 2009 Opinion or Order Filing 25 ORDER granting in part and denying in part 16 Respondent's Motion to Dismiss Procedurally Defaulted Claims. Signed by Judge Gregory L Frost on 2/25/09. (sem1, )
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Petitioner: Ralph Lynch
Represented By: Andrew P Avellano
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Respondent: Stuart Hudson
Represented By: Justin M Lovett
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