Chinn v. Warden Mansfield

Filing 182

ENTRY VACATING PRIOR ORDER, WITHDRAWING SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS, AND SETTING BRIEFING SCHEDULE - Petitioner is ORDERED to show cause not later than November 6, 2017, why, in light of Campbell, the Court should not deny leave to add lethal injection invalidity claims to this habeas corpus case, particularly in light of the pendency of In re Ohio Execution Protocol Litig., Case No. 2:11-cv-1016, in which Mr. Chinn is a Plaintiff. Signed by Magistrate Judge Michael R. Merz on 10/30/2017. (kpf)

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

:

- vs -

Case No. 3:02-cv-512

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

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

ENTRY VACATING PRIOR ORDER, WITHDRAWING SECOND
SUPPLEMENTAL REPORT AND RECOMMENDATIONS, AND
SETTING BRIEFING SCHEDULE

In light of the Sixth Circuit’s decision in In re Campbell, ___ F.3d ___, 2017 U.S. App.
LEXIS 21094 (6th Cir. Oct. 25, 2017), the Magistrate Judge’s Decision and Order granting leave
to amend to add lethal injection invalidity claims (ECF No. 160) is VACATED and the Second
Supplemental Report and Recommendations (ECF No. 169) is WITHDRAWN.
Petitioner is ORDERED to show cause not later than November 6, 2017, why, in light of
Campbell, the Court should not deny leave to add lethal injection invalidity claims to this habeas
corpus case, particularly in light of the pendency of In re Ohio Execution Protocol Litig., Case
No. 2:11-cv-1016, in which Mr. Chinn is a Plaintiff.
October 30, 2017.
s/ Michael R. Merz
United States Magistrate Judge

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