Hasan v. Ishee

Filing 314

ORDER - Petitioner shall, not later than November 2, 2023, supplement his motion to amend (ECF No. 309). The deadline for Respondent to file a response to Petitioner's Motion to Amend (ECF No. 309) and Motion to Stay (ECF No. 310) is hereby extended to December 4, 2023. Signed by Magistrate Judge Michael R. Merz on 10/19/2023. (kpf)

Case: 1:03-cv-00288-SJD-MRM Doc #: 314 Filed: 10/19/23 Page: 1 of 2 PAGEID #: 18731

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
SIDDIQUE ABDULLAH HASAN,
Formerly known as Carlos Sanders,
Petitioner,

:

- vs -

Case No. 1:03-cv-288
District Judge Susan J. Dlott
Magistrate Judge Michael R. Merz

TODD ISHEE, Warden
:
Respondent.

ORDER

This capital habeas corpus case is before the Court on Petitioner’s Motion to Amend His
Habeas Petition. (ECF No. 309). Petitioner contends that since his habeas petition was filed, he
received items of evidence from various sources that pertain to and relate back to Claims Ten,
Eleven and Seventeen. Petitioner seeks to amend his habeas petition to add allegations regarding
these items of evidence. Petitioner has attached an Appendix to his Motion (ECF No. 309-3),
which includes a list of thirty documents. Upon initial review of Petitioner’s pleadings, the Court
is unable to make a ruling without additional information.
Accordingly,
Petitioner shall, not later than November 2, 2023, supplement his motion to amend by
clearly identifying which documents in the Appendix (ECF No. 309-3) have never been
presented to the Court for review and for which Petitioner is now seeking consideration: For
each such document, Petitioner shall:

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Case: 1:03-cv-00288-SJD-MRM Doc #: 314 Filed: 10/19/23 Page: 2 of 2 PAGEID #: 18732

1. Identify by date, name, and the Court’s electronic case filing document and page
identifier (Ex: ECF No. 9, PageID 999);
2. Specifically inform the Court to which Claim in the original petition the document
relates back;
3. Identify the source of the document and the date the document was received by
Petitioner; and
4. Identify whether the document was ever presented to the state courts for review
during direct appeal, postconviction, or other collateral review. If so, Petitioner shall
cite the document’s location in the record prior to the filing of this Motion.
The deadline for Respondent to file a response to Petitioner’s Motion to Amend (ECF
No. 309) and Motion to Stay (ECF No. 310) is hereby extended to December 4, 2023.

October 19, 2023.
s/ Michael R. Merz
United States Magistrate Judge

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