McKnight v. Warden, Ohio State Penitentiary

Filing 103

ORDER FOR ANSWER - It is hereby ordered that Respondent file an answer to the Amended Petition not later than March 1, 2013. Signed by Magistrate Judge Michael R Merz on 01/28/13. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
GREGORY McKNIGHT
:
Petitioner,

Case No. 2:09-cv-059
:

Chief Judge Susan J. Dlott
Magistrate Judge Michael R. Merz

-vsDAVID BOBBY, Warden,
:
Respondent.

ORDER FOR ANSWER
This capital habeas corpus case is before the Court on McKnight's filing of an Amended
Petition (Doc. No. 101), Chief Judge Dlott having overruled Respondent’s Objections (Doc. No.
92).
It is hereby ordered that Respondent file an answer to the Amended Petition not later than
March 1, 2013, conforming to the requirements of Rule 5 of the Rules Governing '2254 Cases.
Specifically, said answer shall respond to each allegation made in the Petition, raise any
affirmative defense relied on by Respondent, and state whether, from Respondent's perspective,
any claim in the Petition is barred by a failure to exhaust state remedies, a procedural bar, nonretroactivity, or a statute of limitations.
Before filing the answer, the Respondent shall file those portions of the state court record
needed to adjudicate this case, accompanied by an index of the documents in the record.
Portions of the record previously filed must be refilled electronically as required by S.D. Ohio
Civ. R. 5.1(c). When the record is filed electronically, the Court’s CM/ECF filing system will

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affix a unique PageID number to each page of the record, displayed in the upper right-hand
corner of the page. All papers filed in the case thereafter, by either party, including the answer
and the exhibit index, shall include record references to the PageID number. Prior to filing the
state court record, the Warden’s counsel shall ensure that any borders on parts of the record
(typically, court reporter transcripts) do not obscure the PageID number when the page is filed.
Petitioner may, not later than twenty-one days after the answer is filed, file and serve a
reply to the answer. At the same time as the reply is filed, Petitioner shall file a motion for any
discovery related to the newly-added grounds for relief.
January 28, 2013.
s/ Michael R. Merz
United States Magistrate Judge

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