Phillips et al v. DeWine et al

Ohio Southern District Court
Judge:	Edmund A Sargus
Referred:	Michael R Merz
Case #:	2:14-cv-02730
Nature of Suit	550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause	42:1983 Prisoner Civil Rights

Case Filed:	Dec 23, 2014
Terminated:	Feb 17, 2015

Defendant Donald Morgan
Defendant Gary Mohr
Defendant John R Kasich
Defendant Mike DeWine
Interested Party Michael R Merz
Plaintiff Grady Brinkley
Plaintiff Raymond Tibbetts
Plaintiff Robert Van Hook
Plaintiff Ronald R. Phillips

GPO Feb 17 2015
ORDER finding as moot 4 Motion for Preliminary Injunction; finding as moot 5 Motion to Expedite; granting 13 Motion to Dismiss for Lack of Jurisdiction; granting 14 Motion to Dismiss for Failure to State a Claim. Signed by Judge Gregory L. Frost on 2/17/15. (kn)

1.	Judge Dismisses Inmate Lethal Injection Lawsuit, Deems It 'Kafkaesque' (huffingtonpost.com)
	Submitted Fri 02/20/2015

Docket last updated: 7 hours ago

Tuesday, October 03, 2017
33		33 appeal U.S. Supreme Court: Petition for Writ of Certiorari Denied Sun 10/08 12:58 PM Notice from Supreme Court of the United States. The petition for a writ of certiorari was denied on 10/2/2017. (er) Related: [-]
Wednesday, May 10, 2017
32		32 appeal U.S. Supreme Court Number Fri 05/12 8:43 AM NOTICE FROM U.S. SUPREME COURT re23 Notice of Appeal, Assignment of Case # 16-9014 The petition for a writ of certiorari was filed on 5/2/2017 and placed on the docket 5/4/2017. (er) Related: [-]
Friday, December 16, 2016
31		31 notice Notice (Other) Fri 12/16 10:12 AM NOTICE by Defendants Gary Mohr, Donald Morgan of Filing (Wille, Charles) Related: [-]
		Att: 1 Sixth Circuit Filing
Tuesday, November 15, 2016
30		30 notice Notice (Other) Tue 11/15 11:42 AM NOTICE by Plaintiffs Ronald R. Phillips, Raymond Tibbetts, Robert Van Hook Notice of Filing (Bohnert, Allen) Related: [-]
		Att: 1 Exhibit 1
Wednesday, November 02, 2016
29		29 appeal USCA Order Thu 11/03 4:17 PM OPINION and JUDGMENT of USCA as to23 Notice of Appeal: The judgment of the District Court is AFFIRMED. Note: Mandate to issue. (er) Related: [-]
Wednesday, June 15, 2016
28		28 order Order Reassigning Case Wed 06/15 4:47 PM TRANSFER ORDER: This case was transferred to District Judge Frost upon filing because it is related to Case No. 2:11-cv-1016. The latter case has been randomly reassigned to Chief Judge Sargus as a result of Judge Frost's retirement. In keeping with the Court's related case practice, this case is also transferred to Chief Judge Sargus. The case remains referred to Magistrate Judge Merz. Signed by Chief Judge Edmund A. Sargus on 06/15/16. (dh1) Related: [-]
Tuesday, June 14, 2016
27		27 order Order Tue 06/14 10:13 AM STANDING ORDER NO. 2 - Pursuant to authority recognized in Fed. R. Civ. P. 83(b) and S. D. Ohio Civ. R. 1.1(f), and to ensure that the Court is able to properly manage all death penalty litigation referred to it, IT IS HEREBY ORDERED that with respect to any death row inmate who is a party to any case in the Southern District of Ohio referred to the undersigned, when an attorney representing a party in such a case files a paper in the United States Court of Appeals or the United States Supreme Court, the attorney shall contemporaneously electronically file a copy of that paper in this Court. Signed by Magistrate Judge Michael R. Merz on 2/3/2016. (kpf) Related: [-]
Wednesday, September 16, 2015
		utility Add and Terminate Judges Wed 09/16 8:42 AM Magistrate Judge Michael R. Merz added. Magistrate Judge Elizabeth Preston Deavers no longer assigned to case. (kk) Related: [-]
Tuesday, September 15, 2015
		order Order Tue 09/15 5:38 PM Notation ORDER - With the consent of District Judge Frost and Magistrate Judge Deavers, the magistrate judge reference in this case is hereby transferred to Magistrate Judge Michael R. Merz. Signed by Magistrate Judge Michael R. Merz on 9/15/2015. (MRM) Related: [-]
Friday, March 13, 2015
		appeal USCA Case Number Fri 03/13 8:32 AM USCA Case Number 15-3238 for23 Notice of Appeal, filed by Raymond Tibbetts, Robert Van Hook, Ronald R. Phillips. Case Manager - Patricia Elder. (sct1) Related: [-]
Thursday, March 12, 2015
26		26 order Order on Motion for Leave to Appeal In Forma Pauperis Thu 03/12 4:02 PM ORDER granting24 Motion for Leave to Appeal in forma pauperis. Signed by Judge Gregory L. Frost on 3/12/15. (kn) Related: [-]
25		25 order Order Reassigning Case Thu 03/12 1:03 PM ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Elizabeth Preston Deavers for all further proceedings. Magistrate Judge Mark R. Abel no longer assigned to case. Signed by Chief Judge Edmund A Sargus on 3/3/2015. (agm1) Related: [-]
24		24 motion Appeal In Forma Pauperis Thu 03/12 12:13 PM MOTION for Leave to Appeal in forma pauperis by Plaintiffs Ronald R. Phillips, Raymond Tibbetts, Robert Van Hook. (Stebbins, David) Related: [-]
		Att: 1 Exhibit 1 - IFP Documents for Phillips,
		Att: 2 Exhibit 2 - IFP Documents for Tibbetts,
		Att: 3 Exhibit 3 - IFP Documents for Van Hook
23		23 appeal Notice of Appeal Thu 03/12 12:10 PM NOTICE OF APPEAL as to21 Judgment,20 Order on Motion for Preliminary Injunction, Order on Motion to Expedite, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim,,,, by Plaintiffs Ronald R. Phillips, Raymond Tibbetts, Robert Van Hook. Appeal Record due by 3/26/2015. (Stebbins, David) Related: [-]
22		22 notice Notice of Appearance Thu 03/12 11:10 AM NOTICE of Appearance by David C. Stebbins for Plaintiffs Raymond Tibbetts, Robert Van Hook (Stebbins, David) Related: [-]
Tuesday, February 17, 2015
21		21 order Judgment Tue 02/17 3:19 PM JUDGMENT entered pursuant to the Opinion and Order signed by Judge Gregory L. Frost on 2/17/2015 (kk2) Related: [-]
20		20 order Order on Motion for Preliminary Injunction Order on Motion to Expedite Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Dismiss for Failure to State a Claim Tue 02/17 3:04 PM ORDER finding as moot4 Motion for Preliminary Injunction; finding as moot5 Motion to Expedite; granting13 Motion to Dismiss for Lack of Jurisdiction; granting14 Motion to Dismiss for Failure to State a Claim. Signed by Judge Gregory L. Frost on 2/17/15. (kn) Related: [-]
Monday, February 09, 2015
19		19 respm Reply to Response to Motion Mon 02/09 2:48 PM REPLY to Response to Motion re13 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Mike DeWine, John R Kasich. (Coontz, Bridget) Related: [-]
18		18 misc Reply (non motion) Mon 02/09 1:28 PM Reply re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reply in Support of Mohr and Morgan's Motion to Dismiss by Defendants Gary Mohr, Donald Morgan. (Wille, Charles) Related: [-]
		respm Reply to Response to Motion Mon 02/09 2:28 PM REPLY to Response to14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Gary Mohr, Donald Morgan SEE DOCKET # 18 FOR DOCUMENT . This entry is being created to utilize the correct filing event, "Reply to Response to Motion," which can be found in the "Responses and Replies" section of CM/ECF. (kk2) Related: [-]
Friday, January 30, 2015
17		17 respm Response in Opposition to Motion Fri 01/30 8:44 PM RESPONSE in Opposition re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Grady Brinkley, Ronald R. Phillips, Raymond Tibbetts, Robert Van Hook. (Sweeney, Timothy) Related: [-]
		Att: 1 Exhibit 1 (summary judgment order in cited TX case)
16		16 respm Response in Opposition to Motion Fri 01/30 5:57 PM RESPONSE in Opposition re13 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Grady Brinkley, Ronald R. Phillips, Raymond Tibbetts, Robert Van Hook. (Sweeney, Timothy) Related: [-]
Wednesday, January 21, 2015
15		15 order Order ~Util - Set Hearings Wed 01/21 3:04 PM ORDER -Memorializing the informal preliminary telephone conference re13 Motion to Dismiss/Lack of Jurisdiction filed by John R Kasich, Mike DeWine,14 Motion to Dismiss for Failure to State a Claim filed by Gary Mohr, Donald Morgan Non oral hearing on Motion to Dismiss set for 2/10/2015 08:00 AM before Judge Gregory L. Frost. Signed by Judge Gregory L. Frost on 1/21/15. (kn) Modified on 1/21/2015 (kn) Related: [-]
		minutes Telephone Conference Wed 01/21 3:05 PM Minute Entry (for statistical purposes only) for proceedings held before Judge Gregory L. Frost: Telephone Conference held on 1/21/2015. (kn) Related: [-]
		utility Set Motion and R&R Deadlines/Hearings Wed 01/21 3:10 PM Set/Reset Deadlines as to13 MOTION to Dismiss for Lack of Jurisdiction &14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Responses due by 1/30/2015 and Replies due by 2/9/2015 (kk2) Related: [-]
Tuesday, January 20, 2015
14		14 motion Dismiss for Failure to State a Claim Tue 01/20 4:44 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Gary Mohr, Donald Morgan. (Wille, Charles) Related: [-]
13		13 motion Dismiss/Lack of Jurisdiction Tue 01/20 4:39 PM MOTION to Dismiss for Lack of Jurisdiction by Defendants Mike DeWine, John R Kasich. Responses due by 2/13/2015 (Coontz, Bridget) Related: [-]
12		12 motion Dismiss for Failure to State a Claim Tue 01/20 3:30 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Gary Mohr, Donald Morgan. (Wille, Charles) Related: [-]
11		11 notice Notice of Appearance Tue 01/20 3:25 PM NOTICE of Appearance by David M Henry for Defendants Gary Mohr, Donald Morgan (Henry, David) Related: [-]
10		10 notice Notice of Appearance Tue 01/20 3:23 PM NOTICE of Appearance by Charles L Wille for Defendants Gary Mohr, Donald Morgan (Wille, Charles) Related: [-]
9		9 notice Notice of Appearance Tue 01/20 12:42 PM NOTICE of Appearance by Tiffany L. Carwile for Defendants Mike DeWine, John R Kasich (Carwile, Tiffany) Related: [-]
8		8 notice Notice of Appearance Tue 01/20 12:41 PM NOTICE of Appearance by Brodi J. Conover for Defendants Mike DeWine, John R Kasich (Conover, Brodi) Related: [-]
7		7 notice Notice of Appearance Tue 01/20 10:52 AM NOTICE of Appearance by Bridget C Coontz for Defendants Mike DeWine, John R Kasich (Coontz, Bridget) Related: [-]
6		6 notice Notice of Telephone Conference Tue 01/20 10:31 AM NOTICE: 65.1 Telephone Conference set for 1/21/2015 01:00 PM before Judge Gregory L. Frost. Parties have previously been provided with conference information and codes (kn) Related: [-]
Monday, January 19, 2015
5		5 motion Expedite Mon 01/19 10:24 AM MOTION to Expedite Discovery in Support of Preliminary Injunction and for Rule 65.1 Conference by Plaintiffs Grady Brinkley, Ronald R. Phillips, Raymond Tibbetts, Robert Van Hook. (Sweeney, Timothy) Related: [-]
		Att: 1 Exhibit A (proposed discovery to defendant AG Mike DeWine),
		Att: 2 Exhibit B (proposed discovery to defendant Gov. John Kasich),
		Att: 3 Exhibit C (proposed discovery to defendant Dir. Gary Mohr),
		Att: 4 Exhibit D (proposed discovery to defendant Warden Donald Morgan),
		Att: 5 Exhibit E (proposed subpoena to DRC),
		Att: 6 Exhibit F (proposed subpoena to OAG)
4		4 motion Preliminary Injunction Mon 01/19 10:09 AM MOTION for Preliminary Injunction and Memorandum in Support by Plaintiffs Grady Brinkley, Ronald R. Phillips, Raymond Tibbetts, Robert Van Hook. (Sweeney, Timothy) Related: [-]
		Att: 1 Exhibit 1 (Draft legislation approved by Ohio Prosecuting Attorneys Association),
		Att: 2 Exhibit 2 (HB 663 as introduced)
Monday, December 29, 2014
3		3 order Related Case Memorandum Mon 12/29 10:11 PM RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:11-cv-1016 ARE related. Case reassigned to Judge Gregory L. Frost and Magistrate Judge Mark R. Abel for all further proceedings. Signed by Judge Gregory L. Frost and Judge Michael H. Watson on 12/29/2014. (er1) Related: [-]
Wednesday, December 24, 2014
2		2 service Summons Issued Wed 12/24 9:19 AM Summons Issued as to Mike DeWine, John R Kasich, Gary Mohr & Donald Morgan. (er1) Related: [-]
Tuesday, December 23, 2014
1		1 cmp Complaint Tue 12/23 4:29 PM COMPLAINT for Equitable, Injunctive, and Declaratory Relief against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-4862402), filed by Raymond Tibbetts, Grady Brinkley, Ronald Phillips, Robert Van Hook. (Sweeney, Timothy) Related: [-]
		Att: 1 Exhibit Exh 1: HB 663 as enacted and signed,
		Att: 2 Exhibit Exh 2: HB 663 as passed by the House,
		Att: 3 Summons Form Summons for Defendant Mike DeWine,
		Att: 4 Summons Form Summons for Defendant John Kasich,
		Att: 5 Summons Form Summons for Defendant Gary Mohr,
		Att: 6 Summons Form Summons for Defendant Donald Morgan,
		Att: 7 Civil Cover Sheet

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