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Reynolds v. Strickland

United States District Court, S.D. Ohio, Eastern Division
Feb 24, 2010
Case No. 2:10-cv-27 (S.D. Ohio Feb. 24, 2010)

Opinion

Case No. 2:10-cv-27.

February 24, 2010


OPINION AND ORDER


This matter is before the Court for consideration of Plaintiff Lawrence Reynolds' Motion for a Preliminary Injunction (Doc. # 35) and Defendants' memorandum in opposition (Doc. # 37). Reynolds is set to be executed by the State of Ohio on March 9, 2010, and asks this Court to stay his execution or, alternatively, to order expedited discovery and a trial prior to the execution date.

On February 24, 2010, this Court held a S. D. Ohio Civ. R. 65.1(a) informal preliminary conference by telephone, during which the parties agreed upon a briefing schedule. Reynolds' counsel indicated that he did not seek a hearing, the presentation of additional evidence, or oral argument. No reply memorandum was permitted. Counsel did make an oral motion to incorporate again into this action the record from a similar case, Cooey v. Strickland, Case No. 2:04-cv-1156. Defendants did not oppose the motion, which this Court granted. The Court again notes explicitly that a full account of the background facts and protocol details is contained within the 2:04-cv-1156 record.

In support of the preliminary injunction motion, Reynolds presents arguments that are nearly word-for-word identical to most of those arguments contained in the previous motion for a temporary restraining order filed by Mark Brown. (Doc. # 19.) As Defendants note in their briefing, this Court denied that motion for a temporary restraining order in a February 1, 2010 Opinion and Order, which the Court incorporates herein by reference. (Doc. # 22.) The court of appeals subsequently affirmed that decision in a February 3, 2010 Order. (Doc. # 28.) Reynolds has failed to present any distinguishing arguments, facts, or law warranting a different result here.

This Court notes that, like Reynolds, Defendants have also apparently employed the cut-and-paste approach in their briefing, stating in their memorandum in opposition that "[t]he Court should consider the following factors in deciding Reynold's [ sic] motion for a temporary restraining order: (1) whether Brown has demonstrated a strong likelihood of success on the merits, (2) whether Brown will suffer irreparable injury in the absence of a stay, (3) whether granting the stay will cause substantial harm to others, and (4) whether the public interest is best served by granting the stay." (Doc. # 37, at 4 (emphasis added).) The Court concludes that the italicized words are merely scrivener's errors and that Defendants do not mean to suggest that the Court deny Reynolds' motion for a preliminary injunction based on Brown's prior actions and briefing.

Accordingly, based on the analysis set forth in this Court's February 1, 2010 Opinion and Order (Doc. # 22), the Sixth Circuit's February 3, 2010 Order (Doc. # 28), and the Sixth Circuit's underlying decision of Cooey (Biros) v. Strickland, 589 F.3d 210 (6th Cir. 2009), the Court DENIES Reynolds' motion for a preliminary injunction. (Doc. # 35.) Based on the same rationale, the Court also DENIES Reynolds' alternative request to expedite discovery and the trial date.

IT IS SO ORDERED.


Summaries of

Reynolds v. Strickland

United States District Court, S.D. Ohio, Eastern Division
Feb 24, 2010
Case No. 2:10-cv-27 (S.D. Ohio Feb. 24, 2010)
Case details for

Reynolds v. Strickland

Case Details

Full title:LAWRENCE REYNOLDS, Plaintiff, v. TED STRICKLAND, et al., Defendants

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

Date published: Feb 24, 2010

Citations

Case No. 2:10-cv-27 (S.D. Ohio Feb. 24, 2010)

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