The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz
District Judge Susan J. Dlott
DECISION AND ORDER DENYING PETITIONER'S SECOND MOTION FOR DISCOVERY
This case is before the Court on Petitioner's Renewed Motion for Discovery Regarding Statement Database and Tunnel Tape 61 (Doc. No. 72).
When initially granting discovery in this case, the Court set a discovery cut-off of December 2, 2004, approximately eighteen months ago (See Doc. Nos. 57, 52, 53). On February 28, 2005, the Court noted that the record was closed (without any request by Petitioner for an evidentiary hearing) and set a briefing schedule (Doc. No. 59). Under that schedule, the case became ripe for decision on the merits on June 30, 2005. Petitioner's instant Motion was not filed until April 13, 2006, nearly ten months after the briefing was complete. Petitioner supports the Motion with excerpts from a deposition of Howard Hudson, a lieutenant with the Ohio Highway Patrol, taken in November, 2005 (See Appendices to Doc. No. 72).
Petitioner seeks the following items in discovery:
1. The database be burned to a CD and delivered to his counsel by the State Highway Patrol;
2. Access to the original version of the database be provided by the State Highway Patrol;
3. Upon request, access to the interview summaries and transcripts still maintained by the Ohio Highway Patrol at their facilities on Alum Creek Dr., Columbus, Ohio;
4. Copies of video depositions and transcripts of same in the possession of the State Highway Patrol;
5. Transcripts and/or tape recordings of Rule Infraction Board Hearings in the possession of DRC;
6. Any reports sent to the Ohio Parole Board by the Special Prosecutor in the possession of either the Ohio Parole Board or the Special Prosecutor.
7. The State of Ohio and/or the Special Prosecutor to Answer an Interrogatory Identifying Each Individual Who Contributed to the Creation of Tunnel Tape 61; and,
8. Upon request, access to and copies of the varying drafts and any notes still maintained by the Ohio Highway Patrol at their facilities on Alum Creek Dr., Columbus, Ohio, regarding ...