Wilson v. Estes
ORDER STAYING CASE. Granting 2 MOTION to Stay filed by Harris Wilson. The parties are directed to file joint status reports every sixty days. Status Report due by 4/25/2016. Signed by Magistrate Judge Sonja F. Bivins on 2/24/2016. copies to parties. (sdb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
CIVIL ACTION 15-00292-WS-B
unopposed Motion to Stay (Doc. 2).
Wilson, a state inmate in
the custody of Respondent, has petitioned this Court for federal
habeas corpus relief pursuant to 28 U.S.C. § 2254. (Doc. 1).
his petition, Wilson asserts that the imposition of a mandatory
sentence of life without parole upon him for an offense that
occurred when he was only 16 years old constitutes cruel and
unusual punishment based on the U.S. Supreme Court’s decision in
filing of Wilson’s petition, and his unopposed motion to stay,
the U.S. Supreme Court, in Montgomery v. Louisiana, No. 14-280,
2016 U.S. LEXIS 862, 2016 WL 280758 (Jan. 25, 2016), held that
the Supreme Court’s Miller
decision announced a new substantive
rule that is retroactive in cases on state collateral review.
Counsel for the parties agree that in light of the Miller
and Montgomery decisions, Wilson is entitled to a resentencing
hearing in state court. (Doc. 12).
Counsel further advises that
they anticipate that Wilson’s petition for a writ of certiorari,
which is currently pending before the U.S. Supreme Court, will
be granted, and this case will be remanded to the state courts
Thus, they request that Wilson’s petition be held in abeyance
since action by the state courts may obviate the need for habeas
Upon consideration, and for good cause shown, the
motion to stay is granted. See Rhines v. Weber, 544 U.S. 269,
275-79, 125 S.Ct. 1528, 1533-35, 161 L.Ed.2d 440 (2005). (the
district court has discretion to employ a "stay-and-abeyance"
procedure where (1) there was good cause for the petitioner's
failure to exhaust his claims first in state court, (2) the
unexhausted claims are not plainly meritless, and (3) there is
dilatory litigation tactics).
The parties are directed to file joint status reports every
DONE this 24th day of February, 2016.
/s/ SONJA F. BIVINS
UNITED STATES MAGISTRATE JUDGE
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