Bies v. Bagley, No. 1:2000cv00682 - Document 149 (S.D. Ohio 2009)

Court Description: ORDER STAYING CASE PENDING DECISION BY THE OHIO COURTS - This case came on for telephone conference call at 10:00 A.M. on Wednesday, October 14, 2009. Randall Porter represented the Petitioner and Charles Wille represented the Respondent. The Court is advised that the Hamilton County Common Pleas Court has already begun to process again Petitioner's pending petition for post-conviction relief, including the Atkins claim which was severed and resulted in the granting of the writ subsequentl y reversed by the United States Supreme Court. Under the circumstances, the Court believes and the parties agree that the Atkins claim should no longer be bifurcated and these habeas corpus proceedings should be stayed pending final adjudication of t he Atkins claim (and any other claims accepted for adjudication by the state courts).Accordingly, these proceedings are stayed pending final adjudication of the pending proceedings in the Hamilton County Common Pleas Court and any appeal from any dec ision by that court. The parties shall furnish a copy of this Order to the assigned Common Pleas Judge and shall keep this Court currently advised of the progress of those proceedings. Signed by Magistrate Judge Michael R Merz on 10/14/2009. (kpf1) (kpf1)