Campbell v. Jenkins

Filing 28

ORDER WITHDRAWING PRIOR DECISION - This capital habeas corpus case is before the Magistrate Judge on recommittal from District Judge Rice (ECF No. 27) to require the Magistrate Judge to reconsider his Decision and Order transferring this case to the Court of Appeals (ECF No. 22). In light of the decision in Adams v. Bradshaw, ___ F.3d ___, 2016 U.S. App. LEXIS 4678 (6th Cir. Mar. 15, 2016), the Decision and Order is WITHDRAWN. Petitioner is granted leave to file a supplemental memorandum arguin g the impact of Adams on the issues dealt with in the Decision and Order not later than March 29, 2016. The Warden may respond to Petitioners supplemental memorandum not later than fourteen days after it is filed. Signed by Magistrate Judge Michael R. Merz on 3/15/2016. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
ALVA E. CAMPBELL, JR.,
Petitioner,

:

- vs -

Case No. 2:15-cv-1702
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

CHARLOTTE JENKINS, Warden,
Chillicothe Correctional Institution,
:
Respondent.

ORDER WITHDRAWING PRIOR DECISION

This capital habeas corpus case is before the Magistrate Judge on recommittal from
District Judge Rice (ECF No. 27) to require the Magistrate Judge to reconsider his Decision and
Order transferring this case to the Court of Appeals (ECF No. 22).
In light of the decision in Adams v. Bradshaw, ___ F.3d ___, 2016 U.S. App. LEXIS
4678 (6th Cir. Mar. 15, 2016), the Decision and Order is WITHDRAWN. Petitioner is granted
leave to file a supplemental memorandum arguing the impact of Adams on the issues dealt with
in the Decision and Order not later than March 29, 2016.

The Warden may respond to

Petitioner’s supplemental memorandum not later than fourteen days after it is filed.

March 15, 2016.
s/ Michael R. Merz
United States Magistrate Judge

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