Blevins v. Warden, Ross Correctional Institution

Filing 54

ORDER DISSOLVING STAY OF PROCEEDINGS - The stay of these proceedings is dissolved. Petitioner may file his amended reply to the answer herein not later than December 1, 2009. Any motion for discovery or evidentiary hearing shall be filed at the same time. Signed by Magistrate Judge Michael R Merz on 11/6/2009. (kpf1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
CHARLES BLEVINS, : Petitioner, : -vsWARDEN, Ross Correctional Institution, : Respondent. Magistrate Judge Michael R. Merz Case No. 1:05-cv-038

ORDER DISSOLVING STAY OF PROCEEDINGS On Motion of the Petitioner (Doc. No. 38), this Court on May 2, 2007, stayed further proceedings pending the outcome of (1) Petitioner's application for post-conviction DNA testing and (2) Petitioner's Amended First Post-Conviction Relief Petition, filed in the Hamilton County Common Pleas Court on July 2, 2003 (Doc. Nos. 38, 39). The Court is now advised by the Warden's Status Report (Doc. No. 53) that the Hamilton County Common Pleas Court has ruled that the Amended First Post-Conviction Relief Petition was not properly filed and is therefore not before that court for a decision on the merits. Accordingly, the stay of these proceedings is dissolved. Petitioner may file his amended reply to the answer herein not later than December 1, 2009. Any motion for discovery or evidentiary hearing shall be filed at the same time. The Clerk shall restore this case to the active docket. November 6, 2009.
s/ Michael R. Merz United States Magistrate Judge

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