Conway, III v. Houk

Filing 158

SUPPLEMENTAL OPINION AND RECOMMENDATIONS re 149 the Magistrate Judge recommends the Objection be overruled on the basis set forth in the Magistrate Judge's Supplemental Opinion and Recommendations in Waddy v. Coyle, Case No. 3:98-cv-084 (Doc. No. 188). Objections to R&R due by 7/30/2012. Signed by Magistrate Judge Michael R Merz on 7/11/2012. (sc1) Modified on 7/11/2012 - To correct title of entry (tt).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JAMES T. CONWAY, III,
:
Petitioner,

Case No. 3:07-cv-345
:

District Judge Timothy S. Black
Magistrate Judge Michael R. Merz

-vsMARC C. HOUK, Warden,
:
Respondent.

SUPPLEMENTAL OPINION AND RECOMMENDATIONS

This capital habeas corpus case is before the Court on Respondent’s Objection (Doc. No.
149), to the Magistrate Judge’s Decision and Order (Doc. No. 147) granting Petitioner’s Motion to
Amend (Doc. No. 142). Petitioner has filed a Response to the Objection (Doc. No. 152) and
Respondent has filed a Reply in Support (Doc. No. 154). The District Judge has recommitted the
matter to the Magistrate Judge for a supplemental opinion and recommendation (Doc. No. 156).
Having considered the parties’ arguments, the Magistrate Judge recommends the Objection
be overruled on the basis set forth in the Magistrate Judge’s Supplemental Opinion and
Recommendations in Waddy v. Coyle, Case No. 3:98-cv-084 (Doc. No. 188).
July 11, 2012.
s/ Michael R. Merz
United States Magistrate Judge

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