Turner v. Warden

Filing 268

ORDER WITHDRAWING DECISION - It is hereby ORDERED that the Decision and Order (ECF No. 258) be, and it hereby is, WITHDRAWN. Petitioner is granted leave to file a supplemental memorandum in support of his Motion for Leave not later than April 1, 2016. The Warden may file a responsive memorandum not later than two weeks after the Petitioner files. Signed by Magistrate Judge Michael R. Merz on 3/16/2016. (kpf)

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
:

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

-vsSTUART HUDSON, Warden,
:
Respondent.

ORDER WITHDRAWING DECISION

This capital habeas corpus case is before the Court on Petitioner’s Motion for Leave to
File a Fourth Amended Petition (ECF No. 253). On January 19, 2016, the Magistrate Judge filed
a Decision and Order denying that Motion (ECF No. 258). Petitioner appealed that Decision
(ECF No. 263) and the Warden has filed a Response to that Appeal (ECF No. 267).
The Decision was based in large part on the Magistrate Judge’s reading of Glossip v.
Gross, 576 U.S. ___, 135 S. Ct. 2726, 192 L. Ed. 2d 761 (2015). However, on March 15, 2016,
the Sixth Circuit decided Adams v. Bradshaw, ___ F.3d ___, 2016 U.S. App. LEXIS 4678 (6th
Cir. Mar. 15, 2016), which appears to have an important impact on the Court’s understanding of
Glossip.
Accordingly, it is hereby ORDERED that the Decision and Order (ECF No. 258) be, and
it hereby is, WITHDRAWN. Petitioner is granted leave to file a supplemental memorandum in
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support of his Motion for Leave not later than April 1, 2016. The Warden may file a responsive
memorandum not later than two weeks after the Petitioner files.

March 16, 2016.
s/ Michael R. Merz
United States Magistrate Judge

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