Johnson v. Warden Ohio State Penitentiary

Filing 43

OPINION AND ORDER granting 42 Motion for Extension of Time to Complete Discovery. New date 3/1/11. Signed by Magistrate Judge Terence P Kemp on 12/28/10. (jcw1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MARVIN G. JOHNSON, Petitioner, v. DAVID BOBBY, Warden, Respondent. OPINION AND 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 upon Petitioner's agreed motion for an extension of the discovery period up to and including March 1, 2011. (Doc. # 42.) The Court's September 30, 2010 Opinion and Order granting some but not all of Petitioner's discovery requests allowed three months to complete the discovery. (Doc. # 36, at 28.) Petitioner seeks sixty additional days, explaining that in spite of counsel's efforts to comply, heavy workloads and other professional obligations prevented counsel from meeting the deadline. Petitioner requests up to and including March 1, 2011 to complete discovery and states that Respondent does not oppose the extension. For good cause shown, because Respondent does not object, and because no undue delay or inconvenience to the Court will result, Petitioner's motion for an extension of time (Doc. # 42) is GRANTED. Petitioner SHALL HAVE up to and including March 1, 2011 to complete discovery. Case No. 2:08-cv-55 JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Terence P. Kemp

/s/ Terence P. Kemp United States Magistrate Judge