Conway, III v. Houk, No. 3:2007cv00345 - Document 158 (S.D. Ohio 2012)

Court Description: SUPPLEMENTAL OPINION AND RECOMMENDATIONS re 149 the Magistrate Judge recommends the Objection be overruled on the basis set forth in the Magistrate Judge's Supplemental Opinion and Recommendations in Waddy v. Coyle, Case No. 3:98-cv-084 (Doc. No. 188). Objections to R&R due by 7/30/2012. Signed by Magistrate Judge Michael R Merz on 7/11/2012. (sc1) Modified on 7/11/2012 - To correct title of entry (tt).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON JAMES T. CONWAY, III, : Petitioner, Case No. 3:07-cv-345 : District Judge Timothy S. Black Magistrate Judge Michael R. Merz -vsMARC C. HOUK, Warden, : Respondent. SUPPLEMENTAL OPINION AND RECOMMENDATIONS This capital habeas corpus case is before the Court on Respondent s Objection (Doc. No. 149), to the Magistrate Judge s Decision and Order (Doc. No. 147) granting Petitioner s Motion to Amend (Doc. No. 142). Petitioner has filed a Response to the Objection (Doc. No. 152) and Respondent has filed a Reply in Support (Doc. No. 154). The District Judge has recommitted the matter to the Magistrate Judge for a supplemental opinion and recommendation (Doc. No. 156). Having considered the parties arguments, the Magistrate Judge recommends the Objection be overruled on the basis set forth in the Magistrate Judge s Supplemental Opinion and Recommendations in Waddy v. Coyle, Case No. 3:98-cv-084 (Doc. No. 188). July 11, 2012. s/ Michael R. Merz United States Magistrate Judge 1

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