Opinion
Case No. 3:05-cv-078.
March 22, 2006
ENTRY CLARIFYING STATUS AND SETTING SCHEDULE
This case is currently pending on the following motions:
1. Petitioner's Motion to Amend and Stay All Proceedings (Doc. No. 17). Respondent has opposed this Motion (Doc. No. 20) and Petitioner's reply memorandum in support is due to be filed by March 28, 2006, per S.D. Ohio Civ. R. 7.2.
2. Petitioner's Motion to Alter or Amend Judgment (Doc. No. 21). Respondent's memorandum in opposition is due to be filed by March 30, 2006; Petitioner's reply memorandum in support will be due fourteen days after filing of the memorandum in opposition.
No judgment was entered on Judge Rose's adoption of the Magistrate Judge's Report and Recommendations; the Motion to Alter or Amend will be treated, as Petitioner has requested, as a motion for reconsideration. As part of that Motion, Petitioner has stated he believed his Motion to Amend and Stay would somehow extend his time to file objections. That is not so. Even a motion to extend time does not operate to extend time unless it is granted. In this case, Petitioner has not shown good cause to reconsider Judge Rose's order because he has not yet tendered any objections to the Report and Recommendations. His time to do so is hereby extended to and including April 10, 2006. The Court will then consider the potential merit of those objections in its determination of the Motion to Alter or Amend.
The Court understands from both parties that the Petitioner has filed a motion for delayed appeal in the Ohio Supreme Court. Without entering any formal stay of these proceedings, it is the Court's present intention not to make any further decisions in this case until the Ohio Supreme Court has decided on the delayed appeal. Petitioner is ordered to keep this Court currently advised of the status of that matter.