Gillispie v. Warden, London Correctional Institution
Petitioner: Roger Dean Gillispie
Respondent: Warden, London Correctional Institution
Case Number: 3:2009cv00471
Filed: December 15, 2009
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Michael R Merz
Presiding Judge: Walter H Rice
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
RSS Follow case documents by RSS

Available Case Documents

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

Date Filed Document Text
December 10, 2014 Opinion or Order Filing 125 ORDER IN COMPLIANCE WITH THE MANDATE - The Sixth Circuit filed the Mandate on December 5, 2014, and transmitted it to this Court where it has now also been filed (Doc. No. 124). Issuance of the mandate returns jurisdiction of the case to this Court. In obedience to the Mandate, the Court confirms that it "is without further jurisdiction in [this] case." Gillispie, 771 F.3d at *15. The Clerk shall terminate this case on the docket of this Court. Signed by Magistrate Judge Michael R Merz on 12/10/2014. (kpf1)
November 17, 2014 Opinion or Order Filing 123 NOTICE OF APPELLATE DECISION - On November 13, 2014, the United States Court of Appeals for the Sixth Circuit affirmed this Courts denial of Respondent's Motion to Vacate the Judgment under Fed. R. Civ. P. 60(b). Gillispie v. Warden,____F.3d ___ , 2014 U.S. App. LEXIS 21512 (6th Cir. 2014). This Notice has no impact on the preclusive effect of the Decision and Order Granting the Writ which the Sixth Circuit observed is left to the Ohio courts, in the first instance, to determine... Id. at *15. Signed by Magistrate Judge Michael R Merz on 11/17/2014. (kpf1)
May 20, 2013 Opinion or Order Filing 121 DECISION AND ORDER GRANTING MOTION TO TOLL TIME - It is hereby ORDERED that the time within which the State of Ohio must commence a re-trial of the Petitioner or dismiss the charges against him with prejudice is tolled from January 18, 2013, until the date on which the Common Pleas Court decides the pending motion to dismiss. Signed by Magistrate Judge Michael R Merz on 5/20/2013. (kpf1)
May 15, 2013 Opinion or Order Filing 118 SCHEDULING ORDER - This habeas corpus case is before the Court on Motion of the State of Ohio to Toll Time (Doc. No. 117). Petitioner shall file any memorandum in opposition not later than noon on May 20, 2013. The State shall file any reply memorandum not later than forty-eight hours after the Petitioner's Memorandum in Opposition is filed. Signed by Magistrate Judge Michael R Merz on 5/15/2013. (kpf1)
March 25, 2013 Opinion or Order Filing 116 DECISION AND ORDER DENYING WITHOUT PREJUDICE PETITIONER'S MOTION TO AMEND THE CONDITIONAL WRIT AND THE RULE 60 ORDER AND MOTION TO EXPAND THE RECORD. Signed by Magistrate Judge Michael R Merz on 3/25/2013. (kpf1)
February 11, 2013 Opinion or Order Filing 106 DECISION AND ORDER DENYING MOTION FOR STAY PENDING APPEAL denying 100 Motion to Stay. Signed by Magistrate Judge Michael R Merz on 02/11/13. (pb1)
December 20, 2012 Opinion or Order Filing 99 DECISION AND ORDER DENYING MOTION TO VACATE. Signed by Magistrate Judge Michael R Merz on 12/20/2012. (kpf1)
December 3, 2012 Opinion or Order Filing 96 ORDER FOR ADDITIONAL BRIEFING - The parties are ORDERED to file memoranda addressing the applicability of Rule 60 not later than December 15, 2012. Specifically, the Court requests the views of the parties on the followingquestions: Does consideratio n of the provisions of Rule 60(b) change Petitioners position on whether this Court has jurisdiction to vacate or amend its final order? If not, why not? Assuming the Court does have authority under 60(b), what considerations should inform its use of that authority?Signed by Magistrate Judge Michael R Merz on 12/1/2012. (kf)
November 28, 2012 Opinion or Order Filing 94 ORDER LIFTING STAY - The stay pending appeal (Doc. No. 73) is VACATED. Because there would be no utility in this Court's advising the Sixth Circuit of the mootness of a dismissed case, the Order to the Respondent to Show Cause is DISSOLVED. Signed by Magistrate Judge Michael R Merz on 11/28/2012. (kpf1)
November 9, 2012 Opinion or Order Filing 91 ORDER DISCHARGING PETITIONER FROM BOND AND ORDERING RESPONDENT TO SHOW CAUSE. Accordingly, the Own Recognizance Bond is dissolved and Petitioner is dischargedfrom those conditions. The Respondent is accordingly ordered to show cause not later than November 19, 2012, why this Court should not dissolve its stay pending appeal and notify the Sixth Circuit Court of Appeals that the appeal is moot. Signed by Magistrate Judge Michael R Merz on 11/09/2012. (kf)
April 23, 2012 Opinion or Order Filing 88 DECISION AND ORDER GRANTING PETITIONER'S MOTION FOR BOND MODIFICATION - Petitioner's Motion to Modify Terms of Release in Light of New Decision by Ohio Second District Court of Appeals (Doc. No. 87) is granted and Petitioner's bond in this Court is modified to include only the required general conditions, to wit, that Petitioner appear whenever required in this case and abide by the law pending final disposition. Signed by Magistrate Judge Michael R Merz on 3/23/2012. (kpf1)
January 3, 2012 Opinion or Order Filing 77 DECISION AND ORDER ON PETITIONER'S MOTION TO STRIKE SEX OFFENDER STATUS re 76 MOTION to Strike Sex Offender Registration filed by Roger Dean Gillispie. Signed by Magistrate Judge Michael R Merz on 01/03/2012. (Per Chambers the Motion will remain pending on the Court docket.) (kf)
December 22, 2011 Opinion or Order Filing 73 DECISION AND ORDER GRANTING PETITIONER'S MOTION FOR BOND AND RESPONDENT'S MOTION FOR STAY PENDING APPEAL - It is accordingly ORDERED that: 1. The effectiveness of the Order Granting Conditional Writ of Habeas Corpus is stayed pending the ou tcome of the Respondent's pending appeal to the Sixth Circuit Court of Appeals and any subsequent appellate review by the United States Supreme Court. 2. Petitioner shall be delivered by Respondent into the custody of United States Pretrial Offi cer Melanie Furry at the prison at 7:30 p.m. on the date of this Order and shall thereafter be under the supervision of this Court's Pretrial Office on the conditions set by separate order. Signed by Magistrate Judge Michael R Merz on 12/22/2011. (kpf1)
December 15, 2011 Opinion or Order Filing 63 DECISION AND ORDER GRANTING CONDITIONAL WRIT OF HABEAS CORPUS - The Petition for Writ of Habeas Corpus is granted. The State of Ohio is ordered to release Petitioner from custody unless he is again convicted at a trial commencing not later than July 1, 2012. Signed by Magistrate Judge Michael R Merz on 12/15/2011. (kpf1)
June 8, 2011 Opinion or Order Filing 62 DECISION AND ORDER - The Court considers the § 2254(d)(1) issue ripe as of the date of this Order without further briefing. Signed by Magistrate Judge Michael R Merz on 6/8/2011. (kpf1)
April 29, 2011 Opinion or Order Filing 56 DECISION AND ORDER STRIKING AMENDED HABEAS PETITION - This habeas corpus case is before the Court on Petitioner's filing of an Amended Petition (Doc. No. 55). Petitioner filed the Amended Petition immediately after filing his Motion for Leave to File Amended Habeas Petition (Doc. No. 54), but without indicating consent of opposing counsel and indeed without awaiting a court ruling on the Motion for Leave. The Amended Habeas Petition is stricken, but Respondent shall treat it as the amended petition Petitioner intends to file and shall respond to the Motion for Leave to Amend not later than May 12, 2011. Signed by Magistrate Judge Michael R Merz on 4/29/2011. (kpf1)
March 9, 2011 Opinion or Order Filing 43 DECISION AND ORDER ON RESPONDENT'S MOTION IN LIMINE - This habeas corpus case is before the Court on Respondent's Motion in Limine regarding evidence which Respondent projected Petitioner might attempt to offer at the evidentiary hearing se t for March 10, 2011 (Doc. No. 39). Petitioner has responded by disclaiming any intention of seeking to introduce most of the material objected to by the Warden (Doc. No. 42). The Motion in Limine is granted to the extent that Petitioner will not be permitted to introduce evidence listed in the Motion whose exclusion has not been objected to in the Response. The Court agrees with Petitioner that the materiality of the content of the alleged Brady material is an issue which this Court must decide and which is open to development by Petitioner in the hearing, absent a stipulation to materiality as suggested by Petitioner. All other objections to proffered evidence are reserved for the hearing. Signed by Magistrate Judge Michael R Merz on 3/9/2011. (kpf1)
November 16, 2010 Opinion or Order Filing 37 DECISION AND ORDER ON MOTION FOR RECONSIDERATION OF THE GRANTING OF AN EVIDENTIARY HEARING - Respondent's Motion for Reconsideration (Doc. No. 35) of the Court's Order Granting an Evidentiary Hearing (Doc. No. 34) is denied. Signed by Magistrate Judge Michael R Merz on 11/15/2010. (kpf1)
April 21, 2010 Opinion or Order Filing 14 DECISION AND ORDER ON MOTION FOR RECONSIDERATION - Respondent's Motion for Reconsideration (Doc. No. 11) is denied and Respondent is ordered to file an answer consistent with the original Order for Answer in this case (Doc. No. 4) not later than June 1, 2010. Signed by Magistrate Judge Michael R Merz on 4/20/2010. (kpf1)
March 17, 2010 Opinion or Order Filing 10 ORDER DENYING MOTION TO DISMISS - The Report and Recommendations is withdrawn and the Motion to Dismiss is denied, based on the reasoning set forth in the Report and Recommendations. If either party had intended to file objections based on disagreement with the Report and Recommendations, the party is invited to file a motion for reconsideration. Signed by Magistrate Judge Michael R Merz on 3/17/2010. (kpf1)
March 12, 2010 Opinion or Order Filing 8 REPORT AND RECOMMENDATIONS - This habeas corpus case is before the Court on Respondent's Motion to Dismiss the Petition for lack of exhaustion (Doc. No. 5). The Magistrate Judge respectfullyrecommends the instant Motion to Dismiss be denied. Objections to R&R due by 3/29/2010. Signed by Magistrate Judge Michael R Merz on 3/12/2010. (kpf1)
February 24, 2010 Opinion or Order Filing 7 ORDER denying 6 Motion for Leave to Appear Pro Hac Vice of Mark Godsey. Signed by Magistrate Judge Michael R Merz on 2/23/2010. (gh1)
January 4, 2010 Opinion or Order Filing 4 ORDER FOR ANSWER - It is hereby ORDERED that Respondent shall, not later than February 13, 2010, file an answer conforming to the requirements of Rule 5 of the Rules Governing §2254 Cases. Petitioner may, not later than twenty-one days after th e answer is filed, file and serve a reply to the answer. The Clerk is ordered to serve the Petition on Respondent and the Attorney General of Ohio, c/o Assistant Attorney General Diane Mallory, Sections Coordinator, 150 E. Gay Street, 16th Floor, Co lumbus, Ohio 43215. At the conclusion of his Petition, Mr. Gillispie requests the Court to grant him discovery, an evidentiary hearing, and permission to amend after exhaustion of claims now pending in the state courts. Each such request is denied without prejudice to its renewal at the proper time after a scheduling conference and when accompanied by a memorandum of law as required by S. D. Ohio Civ. R. 7.2.Signed by Magistrate Judge Michael R Merz on 1/4/2010. (kpf1)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Gillispie v. Warden, London Correctional Institution
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Roger Dean Gillispie
Represented By: James M Petro
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Warden, London Correctional Institution
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?