Turner v. Hudson, 2:07-cv-595. (2016)
Court: District Court, S.D. Ohio
Number: infdco20160226e06
Visitors: 17
Filed: Feb. 25, 2016
Latest Update: Feb. 25, 2016
Summary: REPORT AND RECOMMENDATION MICHAEL R. MERZ , Magistrate Judge . This capital habeas case is before the Court on Petitioner's Motion for Leave to File a Fourth Amended Petition without Lethal Injection Grounds (ECF No. 260). Having read the Motion, the Warden's Response (ECF No. 261), and Turner's Reply (ECF No. 262), the Magistrate Judge humbly confesses error and respectfully recommends that the District Judge correct that error by entering, nunc pro tunc for October 29, 2015, an order id
Summary: REPORT AND RECOMMENDATION MICHAEL R. MERZ , Magistrate Judge . This capital habeas case is before the Court on Petitioner's Motion for Leave to File a Fourth Amended Petition without Lethal Injection Grounds (ECF No. 260). Having read the Motion, the Warden's Response (ECF No. 261), and Turner's Reply (ECF No. 262), the Magistrate Judge humbly confesses error and respectfully recommends that the District Judge correct that error by entering, nunc pro tunc for October 29, 2015, an order ide..
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REPORT AND RECOMMENDATION
MICHAEL R. MERZ, Magistrate Judge.
This capital habeas case is before the Court on Petitioner's Motion for Leave to File a Fourth Amended Petition without Lethal Injection Grounds (ECF No. 260). Having read the Motion, the Warden's Response (ECF No. 261), and Turner's Reply (ECF No. 262), the Magistrate Judge humbly confesses error and respectfully recommends that the District Judge correct that error by entering, nunc pro tunc for October 29, 2015, an order identical to ECF No. 254 except that the substituted last paragraph will read
Accordingly, it is hereby ORDERED that the lethal injection grounds for relief in Petitioner's Third Amended Petition (ECF No. 244) be dismissed without prejudice to the filing of Petitioner's proposed Fourth Amended Petition in the event the Court sustains Turner's Appeal (ECF No. 263) from the Magistrate Judge's Order denying leave to file the Fourth Amended Petition.
The Magistrate Judge understands that this solution to the present difficulty is acceptable to both parties in the case. Nevertheless, since what is recommended is an amendment to a District Judge's Order, the Magistrate Judge files this as a Report and Recommendation.
Turner's Motion for Leave to File a Fourth Amended Petition without Lethal Injection Grounds is DENIED.
Source: Leagle
