Filed: Oct. 09, 2014
Latest Update: Oct. 09, 2014
Summary: ORDER GREGORY G. HOLLOWS, Magistrate Judge. On September 10, 2014, the Court ordered petitioner to, within 30 days, file a motion for stay and abeyance of his federal habeas petition pursuant to Rhines v. Weber, 544 U.S. 269 , 125 S.Ct. 1528, 161 L.Ed.2d 440 (1995), cautioning petitioner that failure to do so would result in the undersigned recommending petitioner's ineffective assistance of counsel claim be stricken. ECF No. 29. Petitioner filed a response to that order on September 19, 20
Summary: ORDER GREGORY G. HOLLOWS, Magistrate Judge. On September 10, 2014, the Court ordered petitioner to, within 30 days, file a motion for stay and abeyance of his federal habeas petition pursuant to Rhines v. Weber, 544 U.S. 269 , 125 S.Ct. 1528, 161 L.Ed.2d 440 (1995), cautioning petitioner that failure to do so would result in the undersigned recommending petitioner's ineffective assistance of counsel claim be stricken. ECF No. 29. Petitioner filed a response to that order on September 19, 201..
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ORDER
GREGORY G. HOLLOWS, Magistrate Judge.
On September 10, 2014, the Court ordered petitioner to, within 30 days, file a motion for stay and abeyance of his federal habeas petition pursuant to Rhines v. Weber, 544 U.S. 269, 125 S.Ct. 1528, 161 L.Ed.2d 440 (1995), cautioning petitioner that failure to do so would result in the undersigned recommending petitioner's ineffective assistance of counsel claim be stricken. ECF No. 29. Petitioner filed a response to that order on September 19, 2014. ECF No. 30. It is the undersigned's determination from petitioner's response that he desires to proceed without his unexhausted ineffective assistance of counsel claim.1 As such, the undersigned will proceed to evaluating the merits of petitioner's habeas petition and will issue findings and recommendations as soon as practicable.
