Michael R. Merz
How Judge Merz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Rigorous AEDPA gatekeeping: a time-barred petition is not rescued by the actual-innocence gateway unless the petitioner produces NEW reliable evidence (Schlup/Souter/McQuiggin) -- re-arguing trial insufficiency is not enough.
“Schlup, Souter, and McQuiggin plainly require new evidence and Carter has presented none.”
Applies Cullen v. Pinholster strictly: a federal habeas court cannot consider evidence the petitioner failed to put in the State Court Record; and there is no freestanding constitutional right to a new trial based on belatedly-claimed new evidence (Herrera).
“Because they are not part of the State Court Record, this Court cannot consider them. Cullen v. Pinholster, 563 U.S. 170 (2011).”
Procedural preferences
Recommends denying a certificate of appealability and certifying any appeal as objectively frivolous (no IFP) when reasonable jurists would not disagree -- a routine close to his dismissal R&Rs.
“it is also recommended that Petitioner be denied a certificate of appealability and that the Court certify to the Sixth Circuit that any appeal would be objectively frivolous”
Cautions
Late-tendered evidence / new grounds raised after the case is ripe are denied as untimely or futile; he expects amendments via Rule 15 before the merits are submitted.
“Petitioner's companion Motion to Present Evidence (ECF No. 20) is DENIED because it is untimely -- the case is ripe for decision by Judge Hopkins.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Habeas petition N = 3 |
Denied: 3 | counts only |
| Motion for status N = 1 |
Granted: 1 | counts only |
| Motion to supplement record N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Respondent's statute of limitations defense is well taken and the Petition should be dismissed with prejudice as untimely. ... the Magistrate Judge respectfully recommends the Petition be dismissed with prejudice.”
“Based on the foregoing analysis, the Magistrate Judge respectfully recommends the Petition be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Petitioner be denied a certificate of appealability”
“The Court also is issuing a Decision and Order on the Merits adopting the Magistrate Judge's Report and Recommendations recommending that the Habeas Petition be dismissed with prejudice. ... The Court is overruling Petitioner's Objections as to both of these matters.”
“This habeas corpus case is before the Court on Petitioner's Motion to Request Case Status Update (ECF No. 21). That Motion is GRANTED.”
“Petitioner's companion Motion to Present Evidence (ECF No. 20) is DENIED because it is untimely -- the case is ripe for decision by Judge Hopkins. The additional evidence tendered does not show the case was timely filed.”
Caseload & timing
From public federal docket records for this judge.
Not enumerated to a fixed N: as a referral capital/habeas magistrate his docket is overwhelmingly Section 2254/2255 prisoner petitions referred from the district judges across both divisions (Columbus/Dayton/Cincinnati). assigned_judge enumeration is sparse (referred_judge holds the merits docket).