Thompson v. Harris, 3:18-cv-117. (2018)
Court: District Court, S.D. Ohio
Number: infdco20180419e14
Visitors: 4
Filed: Apr. 18, 2018
Latest Update: Apr. 18, 2018
Summary: ORDER DENYING MOTION FOR STAY WITHOUT PREJUDICE MICHAEL R. MERZ , Magistrate Judge . This habeas corpus case is before the Court on Petitioner's Request for Stay in Abeyance (ECF No. 4). The Request is based on Thompson's concession that his Petition is "mixed," in that Grounds Seven and Eight are still pending in the Second District Court of Appeals, presumably on appeal from denial of a petition for post-conviction relief. At this point in time the Request is premature. When the state co
Summary: ORDER DENYING MOTION FOR STAY WITHOUT PREJUDICE MICHAEL R. MERZ , Magistrate Judge . This habeas corpus case is before the Court on Petitioner's Request for Stay in Abeyance (ECF No. 4). The Request is based on Thompson's concession that his Petition is "mixed," in that Grounds Seven and Eight are still pending in the Second District Court of Appeals, presumably on appeal from denial of a petition for post-conviction relief. At this point in time the Request is premature. When the state cou..
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ORDER DENYING MOTION FOR STAY WITHOUT PREJUDICE
MICHAEL R. MERZ, Magistrate Judge.
This habeas corpus case is before the Court on Petitioner's Request for Stay in Abeyance (ECF No. 4). The Request is based on Thompson's concession that his Petition is "mixed," in that Grounds Seven and Eight are still pending in the Second District Court of Appeals, presumably on appeal from denial of a petition for post-conviction relief.
At this point in time the Request is premature. When the state court record is filed along with the return of writ, the Court will be better able to assess Grounds Seven and Eight to determine if a stay is warranted. It may also happen that the Respondent decides to waive the exhaustion defense.
For these reasons, the Request for Stay is DENIED without prejudice to its renewal after the state court record and return of writ are filed.
Source: Leagle
