Filed: Mar. 07, 2012
Latest Update: Mar. 07, 2012
Summary: ORDER C. CLIFFORD SHIRLEY, Jr., Magistrate Judge. This matter came before the Court on Petitioner's motion to stay this federal death penalty habeas proceeding pending exhaustion of his Atkins claim 1 in state court (Doc. 56). The undersigned Magistrate Judge conducted a hearing on the motion on Thursday, February 9, 2012. Amy D. Harwell and Francis L. Lloyd, Jr., counsel for Petitioner, James Dellinger, and Andrew H. Smith, counsel for Respondent, Roland Colson, participated in the motion
Summary: ORDER C. CLIFFORD SHIRLEY, Jr., Magistrate Judge. This matter came before the Court on Petitioner's motion to stay this federal death penalty habeas proceeding pending exhaustion of his Atkins claim 1 in state court (Doc. 56). The undersigned Magistrate Judge conducted a hearing on the motion on Thursday, February 9, 2012. Amy D. Harwell and Francis L. Lloyd, Jr., counsel for Petitioner, James Dellinger, and Andrew H. Smith, counsel for Respondent, Roland Colson, participated in the motion ..
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ORDER
C. CLIFFORD SHIRLEY, Jr., Magistrate Judge.
This matter came before the Court on Petitioner's motion to stay this federal death penalty habeas proceeding pending exhaustion of his Atkins claim1 in state court (Doc. 56). The undersigned Magistrate Judge conducted a hearing on the motion on Thursday, February 9, 2012. Amy D. Harwell and Francis L. Lloyd, Jr., counsel for Petitioner, James Dellinger, and Andrew H. Smith, counsel for Respondent, Roland Colson, participated in the motion hearing.2 Having considered the motion, the record before the Court, and argument of counsel during the motion hearing, the motion to stay is DENIED at this time (Doc. 56).
Although the Court concludes a stay is not warranted at this time, the Court recognizes that certain events might require it to reconsider its decision. Therefore, the Parties are ORDERED to file a status report on Petitioner's state court proceedings and a status report on the Keen case,3 at least every sixty (60) days or whenever an event occurs. In addition, the Court requests counsel to provide the Court with a copy of their state court filings if Petitioner pursues his Atkins claim in state court.
SO ORDERED.
