Henness v. Warden Chillicothe Correctional Institution

Filing 38

ORDER WITHDRAWING REPORT AND RECOMMENDATIONS AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is hereby ORDERED that the Reports and Recommendations (ECF Nos. 30 & 35)) be, and they are hereby, WITHDRAWN. Petitioner is granted leave to file a supplemental memorandum in opposition to the Motion to Dismiss not later than April 1, 2016. The Warden may file a responsive memorandum not later than two weeks after the Petitioner files. Signed by Magistrate Judge Michael R. Merz on 3/16/2016. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
WARREN KEITH HENNESS,
:
Petitioner,

Case No. 2:14-cv-2580
:

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

-vsCHARLOTTE JENKINS, Warden,
Chillicothe Correctional Center
:
Respondent.

ORDER WITHDRAWING REPORT AND RECOMMENDATIONS
AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS

This capital habeas corpus case is before the Court on the Warden’s Motion to Dismiss
(ECF No. 27). The Magistrate Judge has recommended that the Motion to Dismiss be held in
abeyance and that this case be transferred to the Sixth Circuit for a determination whether, as a
second-or-successive habeas application, it can proceed (Report and Recommendations, ECF
No. 30; Supplemental Report and Recommendations, ECF No. 35).
The recommendation to transfer the case was based in large part on the Magistrate
Judge’s reading of Glossip v. Gross, 576 U.S. ___, 135 S. Ct. 2726, 192 L. Ed. 2d 761 (2015).
However, on March 15, 2016, the Sixth Circuit decided Adams v. Bradshaw, ___ F.3d ___, 2016
U.S. App. LEXIS 4678 (6th Cir. Mar. 15, 2016), which appears to have an important impact on
the Court’s understanding of Glossip.

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Accordingly, it is hereby ORDERED that the Reports and Recommendations (ECF Nos.
30 & 35)) be, and they are hereby, WITHDRAWN. Petitioner is granted leave to file a
supplemental memorandum in opposition to the Motion to Dismiss not later than April 1, 2016.
The Warden may file a responsive memorandum not later than two weeks after the Petitioner
files.

March 16, 2016.
s/ Michael R. Merz
United States Magistrate Judge

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