Conway, III v. Houk
Petitioner: James T. Conway, III
Respondent: Marc C Houk
Case Number: 3:2007cv00345
Filed: March 8, 2010
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
Presiding Judge: Michael R Merz
Presiding Judge: Walter H Rice
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
August 4, 2020 Opinion or Order Filing 304 SUPPLEMENTAL MEMORANDUM ON MOTION TO AMEND- Upon reconsideration, the Magistrate Judge finds not legal error in the Decision denying the Motion to Amend. As is implicit in the Decision, there is no good reason that Petitioner should not be allowed t o refine his statement of the other grounds for relief. Once the District Judge decides on the seventeenth and eighteenth grounds, Petitioner should re-submit his proposed amended petition. Signed by Magistrate Judge Michael R. Merz on 8/4/2020. (kma)
June 19, 2020 Opinion or Order Filing 292 DECISION AND ORDER DENYING MOTION TO AMEND 281 - Because Conway proposes to plead two grounds for relief, claims seventeen and eighteen, neither of which states a claim upon which habeas corpus relief can be granted, his Motion for Leave to File Second Amended Petition (ECF No. 281) is DENIED. Signed by Magistrate Judge Michael R. Merz on 6/19/2020. (kpf)
April 6, 2020 Opinion or Order Filing 283 SCHEDULING ORDER - It is hereby ORDERED that Respondents memorandum in opposition shall be filed not later than May 3, 2020, and Petitioners reply memorandum shall be filed not later than May 20, 2020. Counsel are requested to consult and submit, if possible, an agreed schedule for the events previously scheduled at ECF No. 275 . Signed by Magistrate Judge Michael R. Merz on 4/4/2020. (srb)
May 3, 2017 Opinion or Order Filing 267 DECISION AND ORDER DENYING MOTION TO DEEM EXHAUSTED WITHOUT PREJUDICE - Petitioner James Conway's Motion to Deem Exhausted the Claims and Facts Contained in his Pending State Post-Conviction Petition (ECF No. 261) is DENIED WITHOUT PREJUDICE to its renewal if Franklin County Common Pleas Court has not decided the pending petition by July 1, 2017. Signed by Magistrate Judge Michael R. Merz on 5/3/2017. (kpf)
September 28, 2015 Opinion or Order Filing 226 DECISION AND ORDER DENYING MOTION TO STRIKE - Respondent's Motion to Strike Petitioner's Notice of Continuation of State Litigation (ECF No. 225) is denied. The Court's Order for a proposed schedule to complete these proceedings (ECf No. 223), remains in full force and effect. Signed by Magistrate Judge Michael R. Merz on 9/28/2015. (kpf)
November 22, 2013 Opinion or Order Filing 201 DECISION AND ORDER GRANTING MOTION TO EXPAND SCOPE OF REPRESENTATION - Petitioner's [Second] Renewed Motion to Expand Appointmentis GRANTED and the scope of federal habeas counsels' appointment is expanded, effective as of September 6, 2011 , to include the completed proceedings in the Franklin County Common Pleas Court and the Franklin County Court of Appeals and any subsequent appeal of the court of appeals' decision to the Ohio Supreme Court. Signed by Magistrate Judge Michael R Merz on 11/22/2013. (kpf1)
January 17, 2013 Opinion or Order Filing 177 DECISION AND ENTRY OVERRULING RESPONDENT'S OBJECTIONS TO THE DECISION AND ORDER OF THE MAGISTRATE JUDGE (Doc. 149 , 167 ). The Supplemental Report and Recommendation (Doc. 158 ) is ADOPTED. Petitioner shall file an Amended Petition forthwith. Signed by Judge Timothy S. Black on 1/17/2013. (mr1)
July 11, 2012 Opinion or Order Filing 158 SUPPLEMENTAL OPINION AND RECOMMENDATIONS re 149 the Magistrate Judge recommends the 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) Modified on 7/11/2012 - To correct title of entry (tt).
June 12, 2012 Opinion or Order Filing 156 RECOMMITTAL ORDER: This capital habeas corpus case is before the Court on Respondent's Objections (Doc. No. 149 ) to the Magistrate Judge's Decision and Order (Doc. No. 147 ). As permitted by Fed. R. Civ. P. 72, the Petitioner has filed a Response to those Objections (Doc. No. 152 ). 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 6/12/2012. (mr1)
March 8, 2011 Opinion or Order Filing 110 SUPPLEMENTAL MEMORANDUM OPINION ON DECISION AND ORDER DENYING PETITIONER'S RENEWED MOTION FOR EVIDENTIARY HEARING. Signed by Magistrate Judge Michael R Merz on 3/8/2011. (kpf1)
November 15, 2010 Opinion or Order Filing 98 DECISION AND ORDER STRIKING RESPONDENT'S SUMMARY JUDGMENT MOTION AND VACATING PERMISSION TO PETITIONER TO FILE SUMMARY JUDGMENT MOTION - Respondent's summary judgment motion (Doc. No. 91) is stricken and the leave granted Petitioner to file a summary judgment motion is vacated. Either party may file a motion seeking an evidentiary hearing in this case not later than December 1, 2010. Signed by Magistrate Judge Michael R Merz on 11/15/2010. (kpf1)
April 5, 2010 Opinion or Order Filing 54 AMENDMENTS/ADDITIONS TO SCHEDULING ORDERS - In lieu of entertaining a formal motion to expand the record, the Court sua sponte ordered that all depositions taken in discovery be transcribed and filed and all documents obtained by Petitioner be likewi se filed. Petitioner will file an amended reply/traverse in the case not later than April 26, 2010. Not later than May 26, 2010, Respondent shall file either an amended answer or a surreply to the amended traverse. The case is before the Court on Pe titioner's Motion for Evidentiary Hearing (Doc. No. 52). The time within which Respondent shall file his response to that motion is extended to and including June 10, 2010. The Magistrate Judge has forwarded a proposed order approving the Phase 3 budget and will forward the same to Circuit Judge Rogers in the form and amounts approved by Judge Rice. Signed by Magistrate Judge Michael R Merz on 4/5/2010. (kpf1)
March 8, 2010 Opinion or Order Filing 47 SCHEDULING ORDER - Any motion for evidentiary hearing herein shall be filed not later than April 1, 2010. Signed by Magistrate Judge Michael R Merz on 3/6/2010. (kpf1)
January 28, 2010 Opinion or Order Filing 40 DECISION AND ORDER GRANTING PARTIAL RELIEF ON NON-PARTY CHRISTOPHER CICERO'S MOTION TO QUASH - The Subpoena is modified to require Mr. Cicero's appearance for deposition at 10:00 A.M. on Friday, February 5, 2010, at the place set forth in t he Subpoena. The witness' counsel has agreed he will be available at that time and place. The discovery cut-off in this case is extended to and including February 5, 2010, for the sole purpose of permitting Mr. Cicero's deposition. Signed by Magistrate Judge Michael R Merz on 1/27/2010. (kpf1)
April 14, 2009 Opinion or Order Filing 32 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, )
April 8, 2009 Opinion or Order Filing 31 DECISION AND ORDER ON PETITIONER'S MOTION FOR DISCOVERY - All discovery granted herein shall be completed not later than October 31, 2009. Signed by Magistrate Judge Michael R Merz on 4/8/2009. (kopf1, )
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Petitioner: James T. Conway, III
Represented By: James P Fleisher
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Respondent: Marc C Houk
Represented By: Justin M Lovett
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