Coleman v. Bradshaw

Filing 155

ORDER TO PRODUCE DOCUMENTS FOR IN CAMERA INSPECTION - During a telephone status conference on November 6, 2009, the Court learned that it was the expectation of the parties that the Court was to conduct an in camera inspection of the BCI Case Convers ation Notes in conjunction with the Privilege Log filed by BCI (Doc. No. 128). An inspection of the case file as transferred to the undersigned revealed no such documents. Upon inquiry, BCI counsel Maura Jaite indicated that BCI was still awaiting a n order for in camera inspection. It is hereby ORDERED that BCI produce those documents to the undersigned for in camera inspection not later than November 16, 2009. Not later than the same date, Petitioner may file any responses he has to the claim s of privilege made in the Privilege Log. The Warden and BCI may respond to any position on the claims of privilege taken by Petitioner not later than ten days after Petitioner files his response to the Privilege Log. Signed by Magistrate Judge Michael R Merz on 11/6/2009. (kpf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON TIMOTHY L. COLEMAN, : Petitioner, : -vsMARGARET BRADSHAW, Warden, : Respondent. Case No. 3:03-cv-299 District Judge Edmund A. Sargus, Jr. Magistrate Judge Michael R. Merz ORDER TO PRODUCE DOCUMENTS FOR IN CAMERA INSPECTION During a telephone status conference on November 6, 2009, the Court learned that it was the expectation of the parties that the Court was to conduct an in camera inspection of the BCI Case Conversation Notes in conjunction with the Privilege Log filed by BCI (Doc. No. 128). An inspection of the case file as transferred to the undersigned (see Staff note for 10/23/2009) revealed no such documents. Upon inquiry, BCI counsel Maura Jaite indicated that BCI was still awaiting an order for in camera inspection. Senior Death Penalty Law Clerk Kim Hoffman confirmed that, to the best of her recollection, no such documents had been produced to either Judge Sargus or Judge Abel. Accordingly, it is hereby ORDERED that BCI produce those documents to the undersigned for in camera inspection not later than November 16, 2009. Not later than the same date, Petitioner may file any responses he has to the claims of privilege made in the Privilege Log. The Warden and BCI may respond to any position on the claims of privilege taken by Petitioner not later than ten -1- days after Petitioner files his response to the Privilege Log. November 6, 2009. s/ Michael R. Merz United States Magistrate Judge -2-

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