Sheppard v. Warden Chillicothe Correctional Institution

Filing 45

ORDER - This capital habeas corpus case is before the Court on Petitioner's Second Motion to Modify Scheduling Order and Extend the Time to Amend or Supplement His Method-of-Execution Claims (Doc. No. 44). To protect the Warden's right to be heard on this Motion without prejudicing Petitioner's opportunity to plead, Petitioner's obligation to file an amendment or supplement to his method-of-execution claims is hereby SUSPENDED until a date to be set by the Court in ruling on the pending Motion. Signed by Magistrate Judge Michael R Merz on 9/22/2014. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
BOBBY T. SHEPPARD,
:
Petitioner,

Case No. 1:12-cv-198
:

District Judge Gregory L. Frost
Magistrate Judge Michael R. Merz

-vsNORMAN ROBINSON, Warden,
Chillicothe Correctional Institution,
:
Respondent.

ORDER
This capital habeas corpus case is before the Court on Petitioner’s Second Motion to
Modify Scheduling Order and Extend the Time to Amend or Supplement His
Method-of-Execution Claims (Doc. No. 44).

In compliance with S. D. Ohio Civ. R. 7.3,

Petitioner reports that the Warden opposes the Motion. Id. at PageID 471.
Petitioner notes that the Court previously granted an extension of time to and including
October 2, 2014. Id.

at PageID 472.

The Motion seeking that extension was, however,

unopposed (Doc. No. 43).
Under S. D. Ohio Civ. R. 7.2, the Warden’s time for opposing the Second Motion to
Modify does not expire until October 6, 2014. Assuming the Warden files on the due date,
Petitioner’s reply will not be due until October 23, 2014. To protect the Warden’s right to be
heard on this Motion without prejudicing Petitioner’s opportunity to plead, Petitioner’s obligation

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to file an amendment or supplement to his method-of-execution claims is hereby SUSPENDED
until a date to be set by the Court in ruling on the pending Motion.

September 22, 2014.
s/ Michael R. Merz
United States Magistrate Judge

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