Johnson v. Warden Ohio State Penitentiary, No. 2:2008cv00055 - Document 28 (S.D. Ohio 2009)

Court Description: OPINION AND ORDER granting in part and denying in part 15 Respondent's motion to dismiss procedurally defaulted grounds -- Respondent's motion is granted as to grounds 14, 15 (subject to reconsideration), 21, and 22 and denied as to groun ds 3, 10, 16, 17, 25 and 26. Petitioner's motion for discovery 18 is denied. The parties are directed to contact the Magistrate Judge within 10 days of the date of this order for purposes of scheduling a status conference. Signed by Judge Edmund A Sargus on 09/29/09. (dh)