Chinn v. Warden Mansfield

Filing 110

ORDER - Judge Sargus has recommitted the matter for reconsideration in light of the Objections (Doc. No. 107). Having reconsidered the matter in light of the Objections, it is hereby ORDERED: 1. The Report and Recommendations portion of the Decision is WITHDRAWN; 2. The denial of stay of consideration of the lethal injection claims is VACATED and the stay as requested is GRANTED; 3. The extension of Petitioners time to amend to April 13, 2015, is CONFIRMED. The Warden has shown no error of law and no abuse of discretion in granting that extension. Signed by Magistrate Judge Michael R Merz on 12/22/2014. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVEL CHINN,
:
Petitioner,

Case No. 3:02-cv-512
:

District Judge Edmund A. Sargus, Jr.
Magistrate Judge Michael R. Merz

-vs-

WARDEN, Mansfield Correctional
Institution,
:
Respondent.

DECISION AND ORDER

This capital habeas corpus case is before the Court on for reconsideration of the
Magistrate Judge’s Decision and Order [and] Report and Recommendations of November 5,
2014 (the “Decision,” Doc. No. 103).

In the Decision, the Magistrate Judge (1) granted

Petitioner’s request to extend his time to amend his Petition to add lethal injection claims to
April 13, 2015; (2) denied a stay of consideration of presently-pled lethal injection claims until
that date; and (3) recommended that the presently-pled lethal injection claims be dismissed
without prejudice as moot. Both parties have objected (Doc. Nos.104, 106) and Judge Sargus
has recommitted the matter for reconsideration in light of the Objections (Doc. No. 107).
The Warden objects to any further extension of time to plead and requests finality, noting
the State’s interest in finality and prejudice to the State’s case from further delay (Objections,
Doc. No. 104, PageID 1562-63). Chinn objects that his currently-pled lethal injection claims are
not moot and the related denial of a stay of consideration of those claims pending amendment
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(Objections, Doc. No. 106, PageID 1574-78).
Having reconsidered the matter in light of the Objections, it is hereby ORDERED:
1.

The Report and Recommendations portion of the Decision is WITHDRAWN;

2.

The denial of stay of consideration of the lethal injection claims is VACATED and the

stay as requested is GRANTED;
3.

The extension of Petitioner’s time to amend to April 13, 2015, is CONFIRMED. The

Warden has shown no error of law and no abuse of discretion in granting that extension.
December 22, 2104.
s/ Michael R. Merz
United States Magistrate Judge

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