Gapen v. Bobby

Filing 229

ORDER REINSTATING STAY signed by Magistrate Judge Michael R. Merz on 8/16/2017. (kpf)

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

:

Case No. 3:08-cv-280

- vs District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz
DAVID BOBBY, Warden,

Respondent.

:

ORDER REINSTATING STAY

On Petitioner’s Motion (ECF No. 214), this Court temporarily lifted the stay of
proceedings previously entered in this capital habeas corpus case to allow litigation of
Petitioner’s Motion to add claims under Hurst v. Florida, 577 U.S. ___, 136 S. Ct. 616
(2016)(Decision and Order, ECF No. 218).

On August 15, 2017, Judge Rice overruled

Petitioner’s Objections to denial of his Motion to Amend (ECF No. 228).
The Court having completed the proceedings for which the stay was lifted, it is hereby
ORDERED that the stay be resinstated. This case is hereby STAYED and all proceedings herein
will be held in abeyance pending exhaustion of Gapen’s previously unexhausted claims in the
Ohio courts. Per the parties Joint Status Report of July 17, 2017 (ECF No. 227), the Court
understand that Gapen’s Motion for Leave to File Delayed Motion for New Trial is ripe for
decision by The Honorable Mary Katherine Huffman of the Common Pleas Court of
Montgomery County, Ohio. The parties’ obligation to provide this Court with regular status

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reports is continuing.

August 16, 2017.
s/ Michael R. Merz
United States Magistrate Judge

Copy: Judge Huffman

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