Raglin v. Mitchell

Filing 212

ORDER - This capital habeas corpus case is before the Court on Petitioner's Renewed Motion to Extend the Stay of his Lethal-Injection Claims and to Extend the Time to File his Motion for Leave to Amend his habeas Petition with Amended Lethal-Inj unction Claims (Doc. No. 211). To protect the Warden's right to be heard on this Motion without prejudicing Petitioner's opportunity to plead, Petitioner's obligation to file an amendment or supplement to his method-of-execution claims is hereby SUSPENDED until a date to be set by the Court in ruling on the pending Motion. Signed by Magistrate Judge Michael R Merz on 9/23/2014. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
WALTER RAGLIN,
:
Petitioner,

Case No. 1:00-cv-767
:

District Judge Michael R. Barrett
Magistrate Judge Michael R. Merz

-vsBETTY MITCHELL, Warden,
:
Respondent.

ORDER

This capital habeas corpus case is before the Court on Petitioner’s Renewed Motion to
Extend the Stay of his Lethal-Injection Claims and to Extend the Time to File his Motion for
Leave to Amend his habeas Petition with Amended Lethal-Injunction Claims (Doc. No. 211).
Raglin seeks extension of both dates to April 13, 2015. Consistent with S. D. Ohio Civ. R. 7.3,
Raglin sought consent of opposing counsel which was declined. Id. at PageID 2483.

Raglin’s current extension expires October 2, 2014. Under S. D. Ohio Civ. R. 7.2, the
Warden’s time for opposing the Renewed Motion to Modify does not expire until October 16,
2014. Assuming the Warden files on the due date, Petitioner’s reply will not be due until
November 3, 2014.

To protect the Warden’s right to be heard on this Motion without prejudicing Petitioner’s
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opportunity to plead, Petitioner’s obligation to file an amendment or supplement to his
method-of-execution claims is hereby SUSPENDED until a date to be set by the Court in ruling on
the pending Motion.

September 23, 2014.
s/ Michael R. Merz
United States Magistrate Judge

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