Winowiecki v. Gidley, 16-14270. (2019)
Court: District Court, E.D. Michigan
Number: infdco20190503f05
Visitors: 2
Filed: May 02, 2019
Latest Update: May 02, 2019
Summary: ORDER LIFTING STAY LAURIE J. MICHELSON , District Judge . Through counsel, Christopher Winowiecki petitioned this Court for a writ of habeas corpus. (ECF No. 1.) And because Winowiecki had failed to exhaust some of his claims, the Warden moved to dismiss Winowiecki's petition. (ECF No. 4.) In response, Winowiecki asked the Court to grant a stay so he could return to state court and exhaust. (ECF No. 5.) The Court granted the stay. (ECF No. 6.) And after some time passed, the Court ordered
Summary: ORDER LIFTING STAY LAURIE J. MICHELSON , District Judge . Through counsel, Christopher Winowiecki petitioned this Court for a writ of habeas corpus. (ECF No. 1.) And because Winowiecki had failed to exhaust some of his claims, the Warden moved to dismiss Winowiecki's petition. (ECF No. 4.) In response, Winowiecki asked the Court to grant a stay so he could return to state court and exhaust. (ECF No. 5.) The Court granted the stay. (ECF No. 6.) And after some time passed, the Court ordered W..
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ORDER LIFTING STAY
LAURIE J. MICHELSON, District Judge.
Through counsel, Christopher Winowiecki petitioned this Court for a writ of habeas corpus. (ECF No. 1.) And because Winowiecki had failed to exhaust some of his claims, the Warden moved to dismiss Winowiecki's petition. (ECF No. 4.) In response, Winowiecki asked the Court to grant a stay so he could return to state court and exhaust. (ECF No. 5.)
The Court granted the stay. (ECF No. 6.) And after some time passed, the Court ordered Winowiecki's counsel to show cause as to why the case should not be reopened. (EF No. 7.) Primarily, the Court took judicial notice of the docket in the state court where Winowiecki was to have filed his motion for relief from judgment and noticed that he had not done so. (ECF No. 7, PageID.49.) In response to the Court's order to show cause, Winowiecki's counsel dismissed the unexhausted counts in Winowiecki's petition.
Accordingly, the Court reopens Winowiecki's case and will proceed to adjudicate the single remaining claim in the petition.
Source: Leagle
