Davis v. Warden Ohio State Penitentiary
Petitioner: Roland T. Davis
Respondent: Warden Ohio State Penitentiary
Case Number: 2:2010cv00107
Filed: February 5, 2010
Court: US District Court for the Southern District of Ohio
Office: Columbus Office
County: LICKING
Presiding Judge: Norah McCann King
Presiding Judge: Edmund A Sargus
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

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

Date Filed Document Text
November 2, 2022 Opinion or Order Filing 148 OPINION AND ORDER - Third Amended Petition 133 is DENIED and the action is DISMISSED WITH PREJUDICE. This Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Sarah D. Morrison on 11/2/2022. (merc) Modified docket text on 11/3/2022 (sem). Modified document type on 11/4/2022 (sem).
September 28, 2018 Opinion or Order Filing 141 ORDER granting 134 Warden's Renewed Motion to Dismiss. Signed by Chief Judge Edmund A. Sargus on 9/28/2018. (cmw)
April 23, 2018 Opinion or Order Filing 139 OPINION AND ORDER issued - re 122 Magistrate Judge's Order on Motion for Discovery. The Court Adopts the Magistrate Judge's Opinion and Order denying Petitioner's motion for discovery without prejudice.. Signed by Chief Judge Edmund A. Sargus on 4/23/2018. (cmw)
September 29, 2017 Opinion or Order Filing 130 OPINION AND ORDER denying 129 the Warden's Motion to Reconsider the Court's Opinion in ECF. 128. Signed by Chief Judge Edmund A. Sargus on 09/29/2017. (dh1)
September 28, 2017 Opinion or Order Filing 128 OPINION AND ORDER denying 114 the Warden's Renewed Motion to Dismiss the Twenty-Fourth through Thirty-Third Grounds for Relief (the "Lethal-Injection Grounds") and granting 119 Roland Davis' Motion to File an Amended Petition to Include Revised Lethal Injection Grounds for Relief. Davis shall have 10 days from the date of this Opinion and Order to file a complete Third Amended Petition including the four proposed grounds set forth in the attachment [119-1] to his motion. Signed by Chief Judge Edmund A. Sargus on 09/28/2017. (dh1)
September 25, 2017 Opinion or Order Filing 127 OPINION AND ORDER denying 112 Petitioner's Motion for Leave to File an Amended Petition to Address Newly Ripe Claims Under Hurst v Florida. Signed by Chief Judge Edmund A. Sargus on 09/25/2017. (dh1)
June 13, 2017 Opinion or Order Filing 122 OPINION and ORDER denying without prejudice 108 Motion for Discovery. Signed by Magistrate Judge Kimberly A. Jolson on 6/13/2017. (ew)
March 25, 2016 Opinion or Order Filing 101 OPINION AND ORDER denying without prejudice 88 Respondent's Motion to Dismiss Grounds Twenty-Four through Thirty-Three, subject to renewal following briefing on the impact of Adams II. Respondent shall have 14 days from the date the mandate in Adams II issues to file a supplemental memorandum addressing the impact of Adams II on Respondent's motion to dismiss grounds twenty-four through thirty-three. Petitioner may respond not later than 14 days after it is filed. Signed by Chief Judge Edmund A. Sargus on 03/25/2016. (dh1)
September 29, 2015 Opinion or Order Filing 94 ORDER granting in part and denying in part 65 Respondent's Motion to Dismiss; Respondent shall have sixty (60) days from the date this Opinion and Order to file an Answer/Return of Writ. Signed by Chief Judge Edmund A. Sargus on 9/29/15. (sem)
November 10, 2014 Opinion or Order Filing 69 OPINION AND ORDER granting 62 Petitioner's Motion to Stay Consideration of His Lethal-Injection Claims. Petitioner shall have until and including 04/13/2015 to file any motion to amend or supplement his method-of-execution claims. Signed by Judge Edmund A Sargus on 11/10/2014. (dh1)
September 30, 2013 Opinion or Order Filing 42 ORDER STAYING CASE AND ADMINISTRATIVELY CLOSING IT. This case will be stayed until either party moves to reopen it. Signed by Judge Edmund A Sargus on 09-30-2013. plb)
July 8, 2013 Opinion or Order Filing 39 ORDER granting 37 Petitioner's request for this Court to continue to stay these proceedings. Petitioner shall have 30 days from the date the United States Supreme Court rules on his petition for certiorari to notify this Court of the United States Supreme Court's decision. Signed by Judge Edmund A Sargus on 07/08/2013. (dh1)
June 14, 2012 Opinion or Order Filing 33 ORDER vacating the stay of this case for the limited purpose of resolving the pending motion 28 to amend or correct the petition. Signed by Judge Edmund A Sargus on 06/14/2012. (dh1)
November 2, 2011 Opinion or Order Filing 27 ORDER granting 26 Petitioner's request to continue to stay proceedings in this case and to continue to hold the case in abeyance. The Court DIRECTS the parties to notify it within 30 days after the date that Petitioner's current state court appeal is completed. Signed by Judge Edmund A Sargus on 11/02/2011. (dh1)
September 8, 2010 Opinion or Order Filing 18 ORDER granting 16 Petitioner's motion to stay these proceedings and hold them in abeyance pending the conclusion of his state court proceedings to exhaust his twenty-second ground for relief. The Court DIRECTS the parties to notify it within 30 days after the date of the Ohio Supreme Court's resolution of Petitioner's appeal. Signed by Judge Edmund A Sargus on 09/08/2010. (dh)
July 29, 2010 Opinion or Order Filing 17 ORDER re Summary Report. The Court accepts Mr. Gatterdam's assessment, recognizes Petitioner's express and voluntary waiver of the nine (9) appellate counsel ineffectiveness claims discussed in the summary report, and reaffirms its appointment of Assistant Federal Defenders David Stebbins and Carol Wright to represent Petitioner in this matter. Signed by Judge Edmund A Sargus on 07/28/2010. (dh)
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Petitioner: Roland T. Davis
Represented By: David C Stebbins
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Respondent: Warden Ohio State Penitentiary
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