Hill v. Mitchell, No. 1:1998cv00452 - Document 185 (S.D. Ohio 2009)
Court Description: OPINION AND ORDER granting 184 Motion for Extension of Time to File - Petitioner's Traverse due by 1/4/2010. Signed by Magistrate Judge Terence P Kemp on 10/21/2009. (pes1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION GENESIS HILL, Petitioner, v. BETTY MITCHELL, Warden, Case No. 1:98-cv-452 JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Terence P. Kemp Respondent. OPINION AND ORDER Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this Court a habeas corpus action pursuant to 28 U.S.C. ยง2254. This matter is before the Court upon Petitioner s notice of triggering event and unopposed motion for extension of time to file the Traverse. (Doc. # 184.) On April 6, 2009, this Court issued an Opinion and Order holding that if the United States Supreme Court denied an appeal from the Sixth Circuit s en banc decision in Garner v. Mitchell, 557 F.3d 257 (6th Cir. 2009), the stay of proceedings issued by this Court would automatically be lifted and Petitioner s traverse would be due within thirty days. Petitioner indicates that the United States Supreme Court denied an appeal in Garner on October 5, 2009, making Petitioner s traverse due on November 4, 2009. Citing the need for recently appointed counsel to continue reviewing materials, as well as a heavy workload and strained resources stemming from counsel s involvement in litigation challenging Ohio s lethal injection process and other death penalty habeas corpus cases, Petitioner requests a sixty-day extension of time to January 4, 2010, to file his Traverse. Petitioner states that counsel for Respondent does not oppose a sixty-day extension. For good cause shown, because Respondent does not object, and because no undue delay or inconvenience to the Court will result, Petitioner s unopposed motion for an extension of time (Doc. # 184) is GRANTED. Petitioner shall have until January 4, 2010 to file his Traverse. IT IS SO ORDERED. /s/ Terence P. Kemp United States Magistrate Judge 2
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