Smith v. Warden Franklin Medical Center

Filing 47

ENTRY AND ORDER - Petitioner having filed his Motion for Leave to File an Amended and Supplemental Petition for Writ of Habeas Corpus (doc. 46 ) on April 13, 2015, within the Court's previously ordered time frame, the Court DENIES, as moot, the Petitioner's appeal (doc. 44 ) of the Court's Decision and Order (doc. 43 ). Signed by Judge Thomas M. Rose on 4/16/15. (ep)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON KENNETH SMITH, Petitioner, -vs- Case No. 1:12-CV-196 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz FRANCISCO PINEDA, Warden, Respondent. ENTRY AND ORDER Petitioner having filed his Motion for Leave to File an Amended and Supplemental Petition for Writ of Habeas Corpus (doc. 46) on April 13, 2015, within the Court’s previously ordered time frame, the Court DENIES, as moot, the Petitioner’s appeal of the Court’s Decision and Order (doc. 43) denying the Petitioner’s Fourth Motion to Extend the Stay of Consideration of his Lethal-Injections Claims and to Extend the Time to File his Motion for Leave to Amend his Habeas Petition with Amended Lethal Injections Claims (doc. 40). DONE and ORDERED in Dayton, Ohio, this 16th day of April, 2015. s/Thoms M. Rose ____________________________________ THOMAS M. ROSE, JUDGE UNITED STATES DISTRICT COURT

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