McKnight v. Warden, Ohio State Penitentiary

Filing 42

DECISION AND ORDER GRANTING RESPONDENT'S MOTION FOR STAY - In light of the uncertain impact of Cullen on this and other capital habeas corpus litigation, the Motion for Stay of Discovery is GRANTED. The Warden may file a memorandum in support of his request for reconsideration of discovery not later than April 18, 2011. Petitioner may respond and the Warden may reply to the response within the times allowed by S. D. Ohio Civ. R. 7.2. Signed by Magistrate Judge Michael R Merz on 4/7/2011. (kpf1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
GREGORY McKNIGHT, : Petitioner, : -vsDAVID BOBBY, Warden, : Respondent. Case No. 2:09-cv-059 Chief Judge Susan J. Dlott Magistrate Judge Michael R. Merz

DECISION AND ORDER GRANTING RESPONDENT'S MOTION FOR STAY

This capital habeas corpus case is before the Court on Respondent's renewed Motion to Stay
Discovery and Reconsider Prior Grant of Discovery in Light of Cullen v. Pinholster (Doc. No. 41).

The Court is advised that Petitioner opposes the Motion. In light of the uncertain impact of Cullen on this and other capital habeas corpus litigation, the Motion for Stay of Discovery is GRANTED. The Warden may file a memorandum in support of his request for reconsideration of discovery not later than April 18, 2011. Petitioner may respond and the Warden may reply to the response within the times allowed by S. D. Ohio Civ. R. 7.2. April 7, 2011.
s/ Michael R. Merz United States Magistrate Judge

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