Braden v. Bagley, No. 2:2004cv00842 - Document 56 (S.D. Ohio 2009)

Court Description: OPINION AND ORDER denying 50 Petitioner's motion for an evidentiary hearing, subject to reconsideration. The Court expands the record with the depositions of Dr. Douglas Mossman and Mr. James Crates ([49-3] and [49-2]). Petitioner is directe d to file within 45 days a brief addressing the merits of those claims that are not barred by procedural default, as well as any good faith, colorable cause and prejudice arguments that might exist to excuse the apparent defaults of grounds 3 and 7. Respondent's response due in 30 days and Petitioner will have 15 days to reply to the response. Signed by Judge Edmund A Sargus on 03/31/09. (dh)