In Re: Ohio Execution Protocol Litigation

Filing 921

NOTICE REGARDING CASE STATUS as to Plaintiff Alva Campbell, Jr. - Pursuant to the Court's Order to Provide Information (ECF No. 912), the Attorney Generals Office has advised that it has available supplies of the drugs specified in the curren t execution protocol to execute Inmate Alva Campbell on his currently scheduled execution date of May 10, 2017 (ECF No. 919). If Plaintiff Campbell moves for that relief not later than 5:00 p.m. on Tuesday, January 17, 2017, the Court is prepare d to grant him the same vacation of stay as granted to Phillips, Tibbetts, and Otte. If Campbell moves for such relief, counsel for the parties shall consult and file, not later than 5:00 p.m. on Friday January 20, 2017, a report to the Court in th e nature of a report under Fed. R. Civ. P. 26(f), which proposes dates for the various events which need to occur to adjudicate any request for temporary injunctive relief Campbell may wish to make. The same report will advise the Court whether the parties unanimously consent to extend the Magistrate Judge's plenary jurisdiction over the Phillips, Tibbetts, and Otee cases to the Campbell case. Signed by Magistrate Judge Michael R. Merz on 1/17/2017. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
In re: OHIO EXECUTION
PROTOCOL LITIGATION,
:

Case No. 2:11-cv-1016

Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Michael R. Merz
This Order relates to Plaintiff
Alva Campbell, Jr.,

NOTICE REGARDING CASE STATUS

Pursuant to the Court’s Order to Provide Information (ECF No. 912), the Attorney
General’s Office has advised that it has available supplies of the drugs specified in the current
execution protocol to execute Inmate Alva Campbell on his currently scheduled execution date
of May 10, 2017 (ECF No. 919). That is 113 days from the date of this Order, less than the time
originally available to adjudicate the preliminary injunction motions of Plaintiffs Phillips,
Tibbetts, and Otte. If Plaintiff Campbell moves for that relief not later than 5:00 p.m. on
Tuesday, January 17, 2017, the Court is prepared to grant him the same vacation of stay as
granted to Phillips, Tibbetts, and Otte.
If Campbell moves for such relief, counsel for the parties shall consult and file, not later
than 5:00 p.m. on Friday January 20, 2017, a report to the Court in the nature of a report under
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Fed. R. Civ. P. 26(f), which proposes dates for the various events which need to occur to
adjudicate any request for temporary injunctive relief Campbell may wish to make. The same
report will advise the Court whether the parties unanimously consent to extend the Magistrate
Judge’s plenary jurisdiction over the Phillips, Tibbetts, and Otee cases to the Campbell case.

January 17, 2017.
s/ Michael R. Merz
United States Magistrate Judge

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