Johnson v. Bobby

Full title: MARVIN G. JOHNSON, Petitioner, v. DAVID BOBBY, Warden, Respondent

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Dec 28, 2010

Case No. 2:08-cv-55 (S.D. Ohio Dec. 28, 2010)

Opinion

Case No. 2:08-cv-55.

December 28, 2010

OPINION AND ORDER

TERENCE KEMP, Magistrate Judge

Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this Court a habeas corpus action pursuant to 28 U.S.C. § 2254. This matter is before the Court upon Petitioner's agreed motion for an extension of the discovery period up to and including March 1, 2011. (Doc. # 42.)

The Court's September 30, 2010 Opinion and Order granting some but not all of Petitioner's discovery requests allowed three months to complete the discovery. (Doc. # 36, at 28.) Petitioner seeks sixty additional days, explaining that in spite of counsel's efforts to comply, heavy workloads and other professional obligations prevented counsel from meeting the deadline. Petitioner requests up to and including March 1, 2011 to complete discovery and states that Respondent does not oppose the extension.

For good cause shown, because Respondent does not object, and because no undue delay or inconvenience to the Court will result, Petitioner's motion for an extension of time (Doc. # 42) is GRANTED. Petitioner SHALL HAVE up to and including March 1, 2011 to complete discovery.