Bays v. Warden Ohio State Penitentiary

Filing 110

ORDER REGARDING CERTIFICATE OF APPEALABILITY - In order to comply with Rule 11, it is hereby ordered that Petitioner file, not later than the date he files any objections to the pending Report and Recommendations, a motion for certificate of appealability on each claim on which he intends to appeal if District Judge Rose adopts the recommendation as to that ground for relief. Signed by Magistrate Judge Michael R Merz on 02/18/12. (pb1)

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

Case No. 3:08-cv-076
:

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vsWARDEN, Ohio State Penitentiary,
:
Respondent.

ORDER REGARDING CERTIFICATE OF APPEALABILITY

It has previously been this Court’s practice to decide the question of appealability after
decision on the merits in capital habeas cases. However, Rule 11 of the Rules Governing § 2254
cases was amended, effective December 1, 2009, to require that district courts issue or deny a
certificate of appealability when they enter a final order adverse to the applicant.
The Magistrate Judge has now recommended that the Petition herein be dismissed with
prejudice. In order to comply with Rule 11, it is hereby ordered that Petitioner file, not later than
the date he files any objections to the pending Report and Recommendations, a motion for certificate
of appealability on each claim on which he intends to appeal if District Judge Rose adopts the
recommendation as to that ground for relief.
February 18, 2012.
s/ Michael R. Merz
United States Magistrate Judge

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