McKnight v. Warden, Ohio State Penitentiary, No. 2:2009cv00059 - Document 42 (S.D. Ohio 2011)
Court Description: DECISION AND ORDER GRANTING RESPONDENT'S MOTION FOR STAY - In light of the uncertain impact of Cullen on this and other capital habeas corpus litigation, the Motion for Stay of Discovery is GRANTED. The Warden may file a memorandum in support of his request for reconsideration of discovery not later than April 18, 2011. Petitioner may respond and the Warden may reply to the response within the times allowed by S. D. Ohio Civ. R. 7.2. Signed by Magistrate Judge Michael R Merz on 4/7/2011. (kpf1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON GREGORY McKNIGHT, : Petitioner, Case No. 2:09-cv-059 : Chief Judge Susan J. Dlott Magistrate Judge Michael R. Merz -vsDAVID BOBBY, Warden, : Respondent. DECISION AND ORDER GRANTING RESPONDENT S MOTION FOR STAY This capital habeas corpus case is before the Court on Respondent s renewed Motion to Stay Discovery and Reconsider Prior Grant of Discovery in Light of Cullen v. Pinholster (Doc. No. 41). The Court is advised that Petitioner opposes the Motion. In light of the uncertain impact of Cullen on this and other capital habeas corpus litigation, the Motion for Stay of Discovery is GRANTED. The Warden may file a memorandum in support of his request for reconsideration of discovery not later than April 18, 2011. Petitioner may respond and the Warden may reply to the response within the times allowed by S. D. Ohio Civ. R. 7.2. April 7, 2011. s/ Michael R. Merz United States Magistrate Judge -1-
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