Skatzes v. Warden Mansfield Correctional Institution
| George Skatzes |
| Warden Mansfield Correctional Institution |
| 3:2009cv00289 |
| July 30, 2009 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Michael R Merz |
| Thomas M Rose |
| None |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
| None |
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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
152
DECISION AND ORDER - To the extent the documents in question are purported to be used to expand the record based on improper bars of res judicata, failure to adjudicate, and unreasonable application of federal law, the Motion to Expand the Record i s DENIED. To the extent the request for expansion of the record supports Petitioner's actual innocence exception to procedural default claim, the Motion is GRANTED. Consistent with Cullen v. Pinholster, 563 U.S. 170 (2011), thedocuments will not be considered for any other purpose and any ruling on the merits will be strictly limited to evidence contained within the state court record. Signed by Magistrate Judge Michael R. Merz on 6/1/2017. (kpf)
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Filing
81
ORDER - Petitioner's Renewed Motion for Discovery (Doc. No. 77) is granted to the extent set forth in this Order and otherwise denied. Signed by Magistrate Judge Michael R Merz on 6/7/2012. (kpf1)
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Filing
80
ORDER - This case is set for a Scheduling Conference on June 7, 2012, at 10:00 AM in Courtroom 4. Signed by Magistrate Judge Michael R Merz on 6/1/2012. (kpf1)
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Filing
76
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S MOTION FOR DISCOVERY 51 . Signed by Magistrate Judge Michael R Merz on 2/24/2012. (kje1)
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Filing
59
DECISION AND ORDER FOR FURTHER BRIEFING ON PETITIONER'S MOTION FOR DISCOVERY - It is hereby ORDERED that Respondent brief his position on the applicability of Cullen to the discovery motion not later than July 1, 2011, and that Petitioner respond not later than July 20, 2011. Signed by Magistrate Judge Michael R Merz on 6/10/2011. (kpf1)
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Filing
49
AMENDMENTS TO SCHEDULING ORDER - The following amended schedule is set: 1. Motions for discovery by either party is due March 4, 2011; 2. Motions to expand the record by either party is due 14 days after denial of discovery or the discovery cut-off, whichever is later; 3. Motions for evidentiary hearing by either party is due 21 days after denial of discovery or the discovery cut- off, whichever is later. Once the record is complete, the Court will set a schedule for briefing on the merits. Signed by Magistrate Judge Michael R Merz on 1/27/2011. (kpf1)
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Filing
44
ORDER - To the extent the last sentence of Petitioner's Traverse (Doc. No. 42) constitutes a request for discovery, it is denied. To the extent the last sentence of the Traverse constitutes a request for an evidentiary hearing, it is also denie d. Petitioner's counsel shall notify the Court in writing not later than January 20, 2011, whether they desire an opportunity to brief the case further on the merits. If the answer to that question is yes, they shall consult with Respondent's counsel and propose a briefing schedule to the Court. Signed by Magistrate Judge Michael R Merz on 1/14/2011. (kpf1)
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Filing
40
DECISION AND ORDER - Respondent's Motion to Expand the Record (Doc. No. 36) is granted. Signed by Magistrate Judge Michael R Merz on 11/17/2010. (kpf1)
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Filing
18
INVENTORY OF EVIDENCE RECEIVED AND REQUEST TO COUNSEL - Counsel is hereby advised that on September 15, 2009, this Court received evidence from the Montgomery County Common Pleas Court pursuant to the Writ of Certiorari dated August 17, 2009. Attach ed is an inventory receipt listing all evidence received. Due to the delicate nature of the evidence in the form of the VHS tapes and the impending obsolescence of VHS technology, counsel are asked to converse and advise the Court as to whether they are inclined to make additional copies of this evidence or, preferably, have the tapes converted to digital format. Signed by Magistrate Judge Michael R Merz on 9/22/2009. (kpf1)
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| Petitioner: George Skatzes | |
| Represented By: | Vicki Ruth Adams Werneke |
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| Respondent: Warden Mansfield Correctional Institution | |
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