Fitzpatrick v. Warden, Mansfield Correctional Institution

Filing 113

ORDER SETTING HEARING - This case is before the Court on Motion to Substitute Attorney (Doc. No. 109). The Court has determined that the Motion cannot be decided on the motion papers alone. Therefore a hearing on the Motion is set for Tuesday, April 20, 2010, at 10:00 a.m. in Courtroom #4, Fifth Floor Federal Building, 200 W. Second Street, Dayton, Ohio, before United States Magistrate Judge Michael R. Merz. The Court will issue a writ of habeas corpus ad testificandum for Petitioner's pres ence at said hearing. James Schuster, Robert Lowe, and Jennifer Prillo are ordered to present in person. Because this hearing may involve protected attorney-client communications or matter protected as work product, the hearing will be conducted ex parte, without the presence of counsel for the Respondent. Signed by Magistrate Judge Michael R Merz on 3/29/2010. (kpf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON STANLEY FITZPATRICK, Petitioner, -vs: WARDEN, MANSFIELD CORRECTIONAL INSTITUTION, Respondent. : : : : : Case No. 1:06-cv-356 Chief Judge Susan J. Dlott Magistrate Judge Michael R. Merz ORDER SETTING HEARING This case is before the Court on Motion to Substitute Attorney (Doc. No. 109). The Court has determined that the Motion cannot be decided on the motion papers alone. Therefore a hearing on the Motion is set for Tuesday, April 20, 2010, at 10:00 a.m. in Courtroom #4, Fifth Floor Federal Building, 200 W. Second Street, Dayton, Ohio, before United States Magistrate Judge Michael R. Merz. The Court will issue a writ of habeas corpus ad testificandum for Petitioner's presence at said hearing. James Schuster, Robert Lowe, and Jennifer Prillo are ordered to present in person. Because this hearing may involve protected attorney-client communications or matter protected as work product, the hearing will be conducted ex parte, without the presence of counsel for the Respondent. March 29, 2010. s/ Michael R. Merz United States Magistrate Judge -1-

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