Robb v. Ishee

Filing 137

ORDER DIRECTING the clerk to notice all counsel in Were v. Bobby, Case No. 1:10-cv-698, as to the discovery conference scheduled for Thursday, 3/15/2012, at 2:00 p.m. All counsel who can attend in person shall do so. Counsel who cannot attend in person shall participate by telephone. The parties are DIRECTED to contact the Undersigned by Friday, March 2 to confirm the manner in which they will participate in the conference. Signed by Judge Algenon L. Marbley on 2/29/2012. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JASON ROBB,
Petitioner,
v.
TODD ISHEE, Warden,

Case No. 2:02-cv-535
JUDGE ALGENON L. MARBLEY
Magistrate Judge Norah McCann King

Respondent.

ORDER
Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this
Court a habeas corpus action pursuant to 28 U.S.C. § 2254. This matter is before the Court sua
sponte to add counsel in Were v. Bobby, 1:10-cv-698 (S.D. Ohio) (Watson, J.), as parties to be
noticed regarding the discovery status conference scheduled for Thursday, March 15, 2012, at
2:00 p.m.
In Hasan v. Ishee, Case No. 1:03-CV-288 (S.D. Ohio), Judge Dlott on December 16,
2011, granted a joint request to consolidate that case with the instant case before this Court for
purposes of discovery management. Hasan, like Petitioner herein, was sentenced to death in
connection with aggravated murders committed during the April 1993 Lucasville prison riot and
is challenging that judgment in habeas corpus. Due to the vast volume of documents and other
materials generated in connection with the Lucasville riot prosecutions that the Ohio State
Highway Patrol (“OSHP”) maintains in a Columbus, Ohio warehouse, the parties in Hasan
requested consolidation with the instant case for ease in facilitating each petitioner’s respective
discovery.

James Were, N.K.A. Namir Abdul Mateen, is similarly situated with Hasan and
Petitioner herein. Although Were’s case has not been consolidated with Robb for discovery
management, the Court notes that on February 13, 2008, it issued an Order granting Were leave
to intervene in Robb for the limited purpose of access to the discovery in Robb. For that reason,
the Court is of the view that all counsel in Were v. Bobby, 1:10-cv-698, should participate in the
March 15, 2012 discovery conference. That said, nothing from this order should be construed as
granting Were leave to conduct any discovery. That decision belongs solely to Judge Watson as
the presiding judge over Were’s habeas corpus proceedings.
For the foregoing reasons, the Court DIRECTS the clerk to notice all counsel in Were v.
Bobby, Case No. 1:10-cv-698, as to the discovery conference scheduled for Thursday, March 15,
2012, at 2:00 p.m. All counsel who can attend in person shall do so. Counsel who cannot attend
in person shall participate by telephone. The parties are DIRECTED to contact the Undersigned
by Friday, March 2 to confirm the manner in which they will participate in the conference.
IT IS SO ORDERED.

s/Algenon L. Marbley
ALGENON L. MARBLEY
United States District Judge
Date: February 29, 2012

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