Bethel v. Warden Ohio State Penitentiary

Filing 156

DECISION AND ORDER- Further noting no objection, and finding good cause shown, the Court GRANTS Bethels Motion. Bethel shall file the amended Fifteenth Ground as a Supplemental Petition no later than seven days after the filing of this Decision and O rder. The Respondent Warden may file a memorandum in opposition as to the Supplemental Petition only within twenty-one days thereafter, and Bethel may file a reply memorandum within fourteen days after the filing of the memorandum in opposition. re 154 Signed by Magistrate Judge Michael R. Merz on 6/8/2020. (kma)

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

Case No. 2:10-cv-391
:

District Judge Michael R. Barrett
Magistrate Judge Michael R. Merz

-vsDAVID BOBBY, Warden,
:
Respondent.

DECISION AND ORDER

This capital habeas corpus case under 28 U.S.C. § 2254 is before the Court on Petitioner
Robert Bethel’s renewed Motion for Leave to Amend Habeas Petition (ECF No. 154). Bethel
seeks to amend “his Fifteenth Ground for Relief alleging violations of his Due Process and Fair
Trial rights under Brady v. Maryland, 373 U.S. 83 (1963). Id. at PageID 9212, citing Proposed
Amendment, ECF No. 154-1). The Court concludes that, unlike Bethel’s previous attempts at
amendment (ECF Nos. 148-1, 152-1), the instant proposed Fifteenth Ground complies with
Fed.R.Civ.P. 10(b) and Rule 2 of the Rules Governing § 2254 cases.
Further noting no objection, and finding good cause shown, the Court GRANTS Bethel’s
Motion. Bethel shall file the amended Fifteenth Ground as a Supplemental Petition no later than
seven days after the filing of this Decision and Order. The Respondent Warden may file a
memorandum in opposition as to the Supplemental Petition only within twenty-one days thereafter,
and Bethel may file a reply memorandum within fourteen days after the filing of the memorandum
in opposition.
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June 8, 2020.
s/ Michael R. Merz
United States Magistrate Judge

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