Conway, III v. Houk

Filing 98

DECISION AND ORDER STRIKING RESPONDENT'S SUMMARY JUDGMENT MOTION AND VACATING PERMISSION TO PETITIONER TO FILE SUMMARY JUDGMENT MOTION - Respondent's summary judgment motion (Doc. No. 91) is stricken and the leave granted Petitioner to file a summary judgment motion is vacated. Either party may file a motion seeking an evidentiary hearing in this case not later than December 1, 2010. Signed by Magistrate Judge Michael R Merz on 11/15/2010. (kpf1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
JAMES T. CONWAY, III : Petitioner, : -vsMARC C. HOUK, Warden, : Respondent. Case No. 3:07-cv-345 District Judge Timothy S. Black Magistrate Judge Michael R. Merz

DECISION AND ORDER STRIKING RESPONDENT'S SUMMARY JUDGMENT MOTION AND VACATING PERMISSION TO PETITIONER TO FILE SUMMARY JUDGMENT MOTION

This case is before the Court on Respondent's Motion for Summary Judgment and/or Dismissal (Doc. No. 91) and sua sponte for reconsideration of the notation Order granting Petitioner's Motion for Leave to File Summary Judgment (Doc. No. 97). Respondent's summary judgment motion suffers from the same difficulties presented by Respondent's Motion for Judgment on the Pleadings in McKnight v. Bobby, Case No. 2:09-cv-059. That is, it is an extremely summary argument incorporating, in index fashion, arguments made in other papers. Allowing it to be filed and then allowing Petitioner also to file a summary judgment motion does not conduce to an orderly comprehensive presentation of this case to the District Judge for decision, instead resulting in piecemeal litigation likely to produce unnecessary delay. Accordingly, for the reasons stated in the decisions striking the Rule 12(c) motion in McKnight and denying leave to file such a motion in Gapen v. Bobby, Case No. 3-08-cv-280,

-1-

Respondent's summary judgment motion (Doc. No. 91) is stricken and the leave granted Petitioner to file a summary judgment motion is vacated. Either party may file a motion seeking an evidentiary hearing in this case not later than December 1, 2010. November 15, 2010.
s/ Michael R. Merz United States Magistrate Judge

-2-