Turner v. Warden

Filing 205

ORDER DECLARING PENDING REPORTS AND RECOMMENDATIONS MOOT. Signed by Judge Timothy S. Black on 3/22/2013. (mr1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
MICHAEL R. TURNER,
:
Petitioner,

Case No. 2:07-cv-595
:

-vs-

District Judge Timothy S. Black
Magistrate Judge Michael R. Merz

STUART HUDSON, Warden,
:
Respondent.

ORDER DECLARING PENDING REPORTS AND
RECOMMENDATIONS MOOT

On March 21, 2013, the Court overruled Objections by Respondent to the Order (Doc.
No. 165) and Supplemental Opinion (Doc. No. 175) of Magistrate Judge Merz allowing
Petitioner to file an amended petition and ordered that the amended petition be filed forthwith
(Doc. No. 204).

The result of that Order is that Magistrate Judge Merz’s Report and

Recommendations on the merits (Doc. No. 135) and his Supplemental Report and
Recommendations on the Merits and on Petitioner’s Motion for Certificate of Appealability
(Doc. No. 152) are not ripe for review on objections because the Reports and Recommendations
are not complete. S. D. Ohio Crim. R. 57.2 provides that the Court’s opinion in any capital
habeas corpus case “shall separately state each issue raised by the petition and will rule expressly
on each issue stating the reasons for each ruling made.” The Court will not be in a position to
comply with Rule 57.2 until the newly-added claims are adjudicated and Magistrate Judge Merz
has filed a report and recommendations on those claims.

Accordingly, the pending Report and Recommendations (Doc. No. 135), the pending
Supplemental Report and Recommendations (Doc. No. 152), the Motion for Certificate of
Appealability (Doc. No. 149), Petitioner’s Supplemental Objections (Doc. No. 158); Magistrate
Judge Merz’s Report and Recommendations on Issues Raised by Recent Supreme Court
Decisions (Doc. No. 188); Petitioner’s Objections to that Report and Recommendations (Doc.
No. 192), and Magistrate Judge Merz’s Supplemental Report and Recommendations on Issues
Raised by Recent Supreme Court Decisions (Doc. No. 195) are all found to be MOOT without
prejudice to consideration of the issues raised therein when the case becomes ripe for final
decision.
DATED: 3/22/2013

__s/ Timothy S. Black________________
Timothy S. Black
United States District Court Judge