LaMar v. Warden Ohio State Penitentiary

Filing 246

RECOMMITAL ORDER - This capital habeas case is before the Court on the Warden's Appeal 237 of the Magistrate Judge's Decision and Order Granting Petitioner's Motion for Authorization to Appear in State Court 236 . A number of filin gs have occurred since the Appeal was filed [238-45]. The District Judge has preliminarily considered the Appeal and believes the issues it raises will be more appropriately resolved after further analysis by the Magistrate Judge. This matter is hereby returned to the Magistrate Judge with instructions to file a supplemental memorandum analyzing the Appeal and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 2-9-2018. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
KEITH LAMAR,
Petitioner,

:

- vs -

Case No. 1:04-cv-541
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

ED SHELDON, Warden,
Ohio State Penitentiary,
:
Respondent.

RECOMMITTAL ORDER

This capital habeas case is before the Court on the Warden’s Appeal (ECF No. 237) of
the Magistrate Judge’s Decision and Order Granting Petitioner’s Motion for Authorization to
Appear in State Court (ECF No. 236). A number of filings have occurred since the Appeal was
filed (ECF Nos. 238-45).
The District Judge has preliminarily considered the Appeal and believes the issues it
raises will be more appropriately resolved after further analysis by the Magistrate Judge.
Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate
Judge with instructions to file a supplemental memorandum analyzing the Appeal and making
recommendations based on that analysis.
February 9, 2018

*s/Thomas M. Rose
_____________________________
Thomas M. Rose
United States District Judge

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