Bethel v. Warden Ohio State Penitentiary

Filing 49

SCHEDULING ORDER - Respondent's Answer/Return of Writ and Appendix shall be filed no later than July 2, 2013. Petitioner's Reply/Traverse shall be filed no later than one hundred twenty days after Respondent files his Answer/Return of Writ . All pre-evidentiary hearing motions for discovery shall be filed no later than sixty days after Respondent files his Answer/Return of Writ. Any motion for an evidentiary hearing shall be filed no later than thirty days after Petitioner files such Reply/Traverse. Signed by Magistrate Judge Michael R Merz on 3/6/2013. (kpf1)

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
:

-vs-

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

DAVID BOBBY, Warden,
:
Respondent.

SCHEDULING ORDER

On September 6, 2012, the parties in this habeas corpus case were ordered to file their
joint report under Fed. R. Civ. P. 26 not later than September 17, 2012. In the subsequently
filed Report (Doc. No. 38), the parties agreed that Respondent’s Answer/Return of Writ and
Appendix would be filed no later than one hundred twenty days after Petitioner filed his
Amended Petition. (Doc. No. 38.) Therefore,
1. Petitioner having filed his Amended Petition (Doc. No. 48) on March 4, 2013,
Respondent’s Answer/Return of Writ and Appendix shall be filed no later than
July 2, 2013. Before filing the answer, 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. When the record is filed electronically, the Court’s
CM/ECF filing system will 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.
2. Petitioner’s Reply/Traverse shall be filed no later than one hundred twenty days
after Respondent files his Answer/Return of Writ.
3. All pre-evidentiary hearing motions for discovery shall be filed no later than sixty
days after Respondent files his Answer/Return of Writ.
4. Any motion for an evidentiary hearing shall be filed no later than thirty days after
Petitioner files such Reply/Traverse.
March 6, 2013.

s/ Michael R. Merz
United States Magistrate Judge