Skatzes v. Warden Mansfield Correctional Institution, No. 3:2009cv00289 - Document 59 (S.D. Ohio 2011)

Court Description: DECISION AND ORDER FOR FURTHER BRIEFING ON PETITIONER'S MOTION FOR DISCOVERY - It is hereby ORDERED that Respondent brief his position on the applicability of Cullen to the discovery motion not later than July 1, 2011, and that Petitioner respond not later than July 20, 2011. Signed by Magistrate Judge Michael R Merz on 6/10/2011. (kpf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON GEORGE SKATZES, : Petitioner, Case No. 3:09-cv-289 : District Judge Timothy S. Black Magistrate Judge Michael R. Merz -vsKEITH SMITH, Warden, : Respondent. DECISION AND ORDER FOR FURTHER BRIEFING ON PETITIONER S MOTION FOR DISCOVERY This capital habeas corpus case is before the Court on Petitioner s Motion for Discovery (Doc. No. 51) which Defendant opposes (Doc. No. 52). Petitioner has filed a Reply in support (Doc. No. 53) and Respondent has filed a Notice of Supplemental Authority (Doc. No. 54) calling the Court s attention to Cullen v. Pinholster, 563 U.S. ___, 131 S. Ct. 1388, 179 L. Ed. 2d 557 (2011), and suggesting it is relevant to, inter alia, the instant Motion. Petitioner seeks to conduct very extensive discovery on his First, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and Eleventh Grounds for Relief and on his Schlup gateway innocence claim to excuse any procedural defaults with respect to all three aggravated murders on which he was convicted (Motion, Doc. No. 51, PageID 1005-1006). Briefing on the discovery motion was complete before Cullen was decided and the Court desires to have the parties considered views on the impact of Cullen before authorizing discovery. Accordingly, it is hereby ORDERED that Respondent brief his position on the applicability -1- of Cullen to the discovery motion not later than July 1, 2011, and that Petitioner respond not later than July 20, 2011. June 10, 2011. s/ Michael R. Merz United States Magistrate Judge -2-

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