BAYS v. WARDEN, OHIO STATE PENITENTIARY, 3:08-cv-076. (2014)
Court: District Court, S.D. Ohio
Number: infdco20141008c04
Visitors: 8
Filed: Sep. 29, 2014
Latest Update: Sep. 29, 2014
Summary: ORDER MICHAEL R. MERZ, Magistrate Judge. This capital habeas corpus case is before the Court on Petitioner's Renewed Motion to Extend the Stay of his Lethal-Injection Claims and to Extend the Time to File his Motion for Leave to Amend his habeas Petition with Amended Lethal-Injunction Claims (Doc. No. 179). Bays seeks extension of both dates to April 13, 2015. Consistent with S. D. Ohio Civ. R. 7.3, Bays sought consent of opposing counsel which was declined. Id. at PageID 7639, 7647. Bays'
Summary: ORDER MICHAEL R. MERZ, Magistrate Judge. This capital habeas corpus case is before the Court on Petitioner's Renewed Motion to Extend the Stay of his Lethal-Injection Claims and to Extend the Time to File his Motion for Leave to Amend his habeas Petition with Amended Lethal-Injunction Claims (Doc. No. 179). Bays seeks extension of both dates to April 13, 2015. Consistent with S. D. Ohio Civ. R. 7.3, Bays sought consent of opposing counsel which was declined. Id. at PageID 7639, 7647. Bays' c..
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ORDER
MICHAEL R. MERZ, Magistrate Judge.
This capital habeas corpus case is before the Court on Petitioner's Renewed Motion to Extend the Stay of his Lethal-Injection Claims and to Extend the Time to File his Motion for Leave to Amend his habeas Petition with Amended Lethal-Injunction Claims (Doc. No. 179). Bays seeks extension of both dates to April 13, 2015. Consistent with S. D. Ohio Civ. R. 7.3, Bays sought consent of opposing counsel which was declined. Id. at PageID 7639, 7647.
Bays' current extension expires October 2, 2014. Under S. D. Ohio Civ. R. 7.2, the Warden's time for opposing the Renewed Motion to Modify does not expire until October 16, 2014. Assuming the Warden files on the due date, Petitioner's reply will not be due until November 3, 2014.
To protect the Warden's right to be heard on this Motion without prejudicing Petitioner's opportunity to plead, Petitioner's obligation to file an amendment or supplement to his methodof-execution claims is hereby SUSPENDED until a date to be set by the Court in ruling on the pending Motion.
Source: Leagle
