McKnight v. Warden, Ohio State Penitentiary
| Gregory McKnight |
| Warden, Ohio State Penitentiary |
| 2:2009cv00059 |
| January 23, 2009 |
| US District Court for the Southern District of Ohio |
| Death Penalty - Habeas Corpus Office |
| VINTON |
| Susan J. Dlott |
| Michael R Merz |
| None |
| Federal Question |
| 28:2254 Ptn for Writ of H/C - Stay of Execution |
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The following documents for this case are available for you to view or download:
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Filing
332
REPORT AND RECOMMENDATIONS - It is respectfully recommended that grounds for relief one through thirty-seven, thirty-nine, and forty be dismissed with prejudice and that grounds for relief thirty-eight, forty-one, and forty-two be dismissed without p rejudice. Under Rule 11 of the Rules Governing § 2254 Cases, the Court must in any final judgment adverse to the Petitioner make a determination on whether a certificate of appealability should issue as to any claim. No recommendation is made o n that question herein because the parties have not yet briefed the question. A schedule for such briefing will be set after any objections to this Report are resolved. Objections to R&R due by 9/28/2020. Signed by Magistrate Judge Michael R. Merz on 9/14/2020. (kpf)
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Filing
331
ORDER Overruling 327 Objection to Magistrate Judge Order denying Petitioner's renewed motion for evidentiary hearing 324 . Signed by Judge Susan J. Dlott on 4/10/19. (wam)
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Filing
322
DECISION AND ORDER OVERRULING 314 Appeal of Magistrate Judge Decision to District Court filed by Gregory McKnight, 316 Appeal of Magistrate Judge Decision to District Court filed by Gregory McKnight, 315 Appeal of Magistrate Judge Decision to District Court filed by Gregory McKnight. Signed by Judge Susan J. Dlott on 11/26/18. (wam)
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Filing
306
DECISION AND ORDER DENYING PETITIONER'S MOTION FOR DISCOVERY 301 . Signed by Magistrate Judge Michael R. Merz on 8/28/2018. (kpf)
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Filing
305
DECISION AND ORDER DENYING PETITIONER'S MOTION FOR AUTHORIZATION TO APPEAR IN ANCILLARY STATE COURT LITIGATION 287 . Signed by Magistrate Judge Michael R. Merz on 8/28/2018. (kpf)
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Filing
304
DECISION AND ORDER DENYING PETITIONER'S MOTION FOR A STAY 286 . Signed by Magistrate Judge Michael R. Merz on 8/27/2018. (kpf)
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Filing
297
ORDER TO REDACT AND RE-FILE - It is hereby ORDERED, pursuant to Fed. R. Civ. P. 5.2(d), that Petitioner refile the Motion to Amend (ECF No. 271) and Renewed Motion for Discovery (ECF No. 295) with identifying information for the jurors in those do cuments and their attachments redacted to obscure names and the assigned juror numbers. If either party desires to object to this Order to obtain District Judge review, they must notify the Magistrate Judge forthwith. Absent such notification, the redacted Motions and attachments are to be filed not later than August 23, 2018. Signed by Magistrate Judge Michael R. Merz on 8/20/2018. (kpf)
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Filing
294
DECISION AND ORDER GRANTING PROVISIONALLY MOTION TO FILE UNDER SEAL 293 M. Signed by Magistrate Judge Michael R. Merz on 8/17/2018. (kpf)
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Filing
282
DECISION AND ORDER ON MOTION TO AMEND denying 271 Sealed Motion. Signed by Magistrate Judge Michael R. Merz on 5/22/18. (pb)
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Filing
275
ORDER - It is ORDERED that Petitioner supplement his Motion by filing, not later than March 18, 2018, a memorandum setting forth all facts known to Petitioner's counsel which support a claim that they acted with due diligence. Counsel are cautioned that a blanket claim of work product protection will be skeptically read. Signed by Magistrate Judge Michael R. Merz on 3/8/2018. (kpf)
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Filing
266
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 261 Report and Recommendations. Accordingly it is hereby Ordered that 257 Petitioners Forty-First, Forty-Second, Forty-Third, and Forty-Fourth Grounds for Relief be DISMISSED WITHOUT PREJUDICE to their inclusion in an action under 42 U.S.C. § 1983.. Signed by Judge Susan J. Dlott on 1/24/18. (wam)
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Filing
261
REPORT AND RECOMMENDATIONS - This Court should follow Campbell and dismiss Grounds for Relief Forty-One, Forty- Two, Forty-Three, and Forty-Four. The Warden seeks dismissal with prejudice, but because the Court does not reach the substantive const itutional questions, dismissal should be without prejudice to their consideration in in a civil rights case under 42. U.S.C. § 1983. In other words, the fact that they are not cognizable in habeas does not mean they are without merit. re 257 . Objections to R&R due by 1/4/2018. Signed by Magistrate Judge Michael R. Merz on 12/21/17. (pb)
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Filing
246
DECISION and ORDER affirming Magistrate Judge Decision. Accordingly, the Magistrate Judges denial of Petitioners proposed Hurst amendment and of his ancillary motion for authorization to appear in state court to present such a claim is AFFIRMED. Signed by Judge Susan J. Dlott on 4/27/17. (wam)
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Filing
237
DECISION AND ORDER - Petitioner's Motion for Leave to File an Amended Petition to Include Amended Lethal injection Grounds for Relief (ECF No. 230) is GRANTED. In lieu of the method of accomplishing the amendment proposed by McKnight, he shall file a Supplemental Petition not later than April 24, 2017, containing the proposed Grounds for Relief set forth in Exhibit 1 to the Motion (ECF No. 230-1). Signed by Magistrate Judge Michael R. Merz on 4/11/2017. (kpf) Modified on 4/12/2017 to change document type (kpf).
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Filing
235
SUPPLEMENTAL MEMORANDUM OPINION ON AUTHORIZATION TO APPEAR IN ANCILLARY STATE COURT LITIGATION. Signed by Magistrate Judge Michael R. Merz on 3/28/2017. (kpf)
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Filing
234
SUPPLEMENTAL MEMORANDUM OPINION ON MOTION TO AMEND - The Magistrate Judge remains persuaded that that this Court should decide the retroactivity question in the first instance, but should decide it against McKnight because Hurst is neither a new substantive rule or a new watershed rule of constitutional procedure. Signed by Magistrate Judge Michael R. Merz on 3/27/2017. (kpf)
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Filing
222
DECISION AND ORDER DENYING MOTION TO AMEND 215 . Signed by Magistrate Judge Michael R. Merz on 2/15/2017. (kpf)
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Filing
221
ORDER overruling 211 Objections of the Magistrate's Judge Decision 210 filed by Gregory McKnight. Signed by Judge Susan J. Dlott on 2/14/17. (wam)
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Filing
210
DECISION AND ORDER - Petitioner's Motion to Stay these Proceedings pending his filing a successor petition for post-conviction relief in the Ohio courts (ECF No. 202) is DENIED. Signed by Magistrate Judge Michael R. Merz on 8/2/2016. (kpf)
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Filing
114
ORDER TO RE-FILE AMENDED PETITION WITH RECORD REFERENCES - To make use of the electronic state court record in the further adjudication of this case, it is hereby ORDERED that, not later than June 1, 2013, Petitioner re-file the Amended Petition with record references to each place where the state court record is referred to, identified with the PageID number for that record reference. Signed by Magistrate Judge Michael R Merz on 5/9/2013. (kpf1)
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Filing
103
ORDER FOR ANSWER - It is hereby ordered that Respondent file an answer to the Amended Petition not later than March 1, 2013. Signed by Magistrate Judge Michael R Merz on 01/28/13. (pb1)
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Filing
99
SECOND SUPPLEMENTAL OPINION ON PETITIONER'S RENEWED MOTION FOR EVIDENTIARY HEARING ON GROUNDS FOR RELIEF TWENTY-SEVEN AND THIRTY-THREE - Upon reconsideration, the Magistrate Judge does not find that the Objections require amendment of the prior conclusion that McKnight is not entitled to an evidentiary hearing on his Twenty-Seventh and Thirty-Third Grounds for Relief. Regarding his reliance on Martinez v. Ryan, the Magistrate Judge concludes the claims/evidence adverted to in the Swanson Affidavit remain unexhausted in the Ohio courts and cannot be considered by this Court until they are exhausted. Signed by Magistrate Judge Michael R Merz on 12/31/2012. (kpf1)
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Filing
93
ORDER that Petitioners Objections to Magistrates Decision and Order Denying an Evidentiary Hearing (Doc. 69) are OVERRULED and the April 6, 2012 Decision and Order (Doc. 64) is AFFIRMED.. Signed by Chief Judge Susan J. Dlott (wam1)
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Filing
90
SUPPLEMENTAL OPINION by Magistrate Judge Michael R Merz dated 10/22/2012. (kpf1)
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Filing
80
SUPPLEMENTAL OPINION AND RECOMMENDATIONS - the Magistrate Judge recommends the Objection be overruled on the basis set forth in the Magistrate Judges 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)
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Filing
72
ORDER APPROVING PROPOSED SCHEDULE - Petitioner requested until June 4, 2012, to file his brief, and suggested that the Warden have forty-five days to respond and Petitioner have twenty days to reply to the response. Petitioner's proposed schedule is approved. Signed by Magistrate Judge Michael R Merz on 5/16/2012. (kpf1)
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Filing
47
DECISION AND ORDER - The stay of discovery entered to allow reconsideration in light of Cullen is DISSOLVED. Petitioner shall complete the deposition of attorney Schneider not later than July 9, 2011. Petitioner's motion for evidentiary hearing must be filed not later than thirty days after the completion of the Schneider deposition. Signed by Magistrate Judge Michael R Merz on 6/9/2011. (kpf1)
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Filing
42
DECISION AND ORDER GRANTING RESPONDENT'S MOTION FOR STAY - In light of the uncertain impact of Cullen on this and other capital habeas corpus litigation, the Motion for Stay of Discovery is GRANTED. The Warden may file a memorandum in support of his request for reconsideration of discovery not later than April 18, 2011. Petitioner may respond and the Warden may reply to the response within the times allowed by S. D. Ohio Civ. R. 7.2. Signed by Magistrate Judge Michael R Merz on 4/7/2011. (kpf1)
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Filing
37
SUPPLEMENTAL OPINION ON PETITIONER'S MOTION FOR DISCOVERY - This capital habeas corpus case is before the Court on Petitioner's Objections (Doc. No. 34) to the Magistrate Judge's Decision and Order Granting in Part and Denying in Part Petitioner's First Motion for Discovery (the "Order," Doc. No. 31). Having considered the Petitioner's Objections, the Magistrate Judge remains persuaded that Petitioner should not be permitted to depose the jurors and alternates or to subpoena the homicide files of the Vinton County Prosecutor. Signed by Magistrate Judge Michael R Merz on 2/19/2011. (kpf1)
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Filing
31
ORDER granting in part and denying in part 27 Motion for Discovery and setting discovery cut-off of April 15, 2011. Signed by Magistrate Judge Michael R Merz on 2/2/2011. (mrm0)
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Filing
26
DECISION AND ORDER STRIKING RESPONDENT'S MOTION FOR JUDGMENT ON THE PLEADINGS. Signed by Magistrate Judge Michael R Merz on 11/15/2010. (kpf1)
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Filing
11
SCHEDULING ORDER - Pursuant to Fed. R. Civ. P. 16 and the parties Rule 26(f) Report (Doc. No. 8), the Court sets the following deadlines: 1. Pleadings: The Petition was filed October 14, 2009. The return of writ and appendix must be filed by January 15, 2010. The reply must be filed not later than ninety days after the return. Respondent is permitted to file a surreply not later than thirty days after the reply is filed. 2. Discovery: Any motion for discovery or to expand the record must be fil ed not later than sixty days after the reply is filed. 3. Evidentiary Hearing: Any motion for evidentiary hearing must be filed not later than thirty days after the Court denies discovery or after the close of discovery, whichever is later. 4. Motion practice: Responses in opposition and replies in support of motions must be filed within the times limited by S. D. Ohio Civ. R. 7.2. Signed by Magistrate Judge Michael R Merz on 10/19/2009. (kpf1)
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Filing
6
ORDER FOR SCHEDULING CONFERENCE - This capital habeas corpus case is before the Court sua sponte in anticipation of the imminent filing of a petition; counsel announced in their initial filing in their case that they expected to file by October 15, 2 009. This case is hereby set for scheduling conference by telephone at 9:30 a.m. on Monday, October 19, 2009. Not later than October 14, 2009, counsel shall confer to discuss the subjects provided for in Fed. R. Civ. P. 26 as they are pertinent to capital habeas corpus litigation and file a joint report with the Court following the Courts Rule 26(f) form so far as is pertinent. Signed by Magistrate Judge Michael R Merz on 9/5/2009. (kopf1, )
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| Petitioner: Gregory McKnight | |
| Represented By: | David C Stebbins |
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| Respondent: Warden, Ohio State Penitentiary | |
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