Turner v. Warden

Filing 212

SCHEDULING ORDER - With the agreement of the parties, the Court adopts the following schedule: 1. Amended Return of Writ due August 5, 2013; 2. Amended Traverse due September 18, 2013; 3. Warden's Motion for Judgment on the Pleadings due October 21, 2013; and 4. Petitioners Motion for Discovery due October 21, 2013. Signed by Magistrate Judge Michael R Merz on 6/18/2013. (kpf1)

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.

SCHEDULING ORDER
This capital habeas corpus case came on for scheduling conference by telephone at 9:00
A.M. on Tuesday, June 18, 2013.

David Stebbins, Sharon Hicks, and William Lazarow

participated on behalf of the Petitioner; Thomas Madden participated on behalf of the Warden.

Procedural History

Turner filed his Petition for Writ of Habeas Corpus on June 15, 2007 (Doc. Nos. 17, 19).
After discovery and an evidentiary hearing, the Magistrate Judge filed a Report recommending
dismissal of the Petition on April 22, 2011 (Doc. No. 135).

A Supplemental Report

recommended the same result and a disposition of Petitioner’s Motion for Certificate of
Appealability (Doc. No. 152). On March 8, 2012, Petitioner moved to amend to add Fifteenth
and Sixteenth Grounds for Relief related to Ohio’s lethal injection protocol (Doc. No. 155). On
March 21, 2013, Judge Black overruled the Warden’s Objections to the Magistrate Judge’s Order

granting leave to amend (Doc. No. 204). The next day Judge Black declared the pending
Reports and Recommendations moot in light of the fact that they do not, as required by S. D.
Ohio Crim. R. 57.2, address all of the Grounds for Relief now pled in the case (Doc. No. 205).

Schedule

With the agreement of the parties, the Court adopts the following schedule:

1.

Amended Return of Writ due

August 5, 2013

2.

Amended Traverse due

September 18, 2013

3.

Warden’s Motion for Judgment on the Pleadings due

October 21, 2013

4.

Petitioner’s Motion for Discovery due

October 21, 2013

The Warden has re-filed the Appendix to Return of Writ so as to obtain PageID numbers
for all pages; all future references to the record made by either party shall include reference to
the relevant PageID number(s).
The Magistrate Judge confirmed for the parties that Judge Black’s mootness order does
not mean the Court intends to relitigate the matters already litigated in the case.
June 18, 2013.
s/ Michael R. Merz
United States Magistrate Judge