Lee v. Hobbs

Filing 114

ORDER denying as moot 112 Motion to Stay. Signed by Judge Jimm Larry Hendren on 6/18/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEDELL LEE

PETITIONER
v.

CASE NUMBER 5:01CV00377JH

RAY HOBBS, Director of the
Arkansas Department of
Correction

RESPONDENT
O R D E R

Now

on

this

18th

day

of

June,

2013,

comes

on

for

consideration Petitioner's Motion To Hold This Case In Abeyance
Pending The Supreme Court's Decisions In Trevino v. Thaler, No.
11-10189 And Dansby v. Hobbs, No. 12-8582 (docket #112), and from
said motion, and the response thereto, the Court finds and orders
as follows:
1.

Now pending before the Court is a Petition For Writ Of

Habeas Corpus ("Habeas Petition") filed by petitioner Ledell Lee
("Lee").

Lee,

concerned

that

some

of

his

claims

may

be

procedurally defaulted by actions or inactions of his attorneys at
the State court level, in a Second Rule 37 Petition, asks that the
Court postpone resolving his Habeas Petition until the Supreme
Court decides the two pending cases cited in his motion.
2.

Both cases have now been decided.

See Dansby v. Hobbs,

--- S.Ct. ---, 2013 WL 506561 (June 3, 2013), and Trevino v.
Thaler, --- S.Ct. ---, 2013 WL 2300805 (May 28, 2013). The motion
is, therefore, moot.

IT IS THEREFORE ORDERED that Petitioner's Motion To Hold This
Case In Abeyance Pending The Supreme Court's Decisions In Trevino
v. Thaler, No. 11-10189 And Dansby v. Hobbs, No. 12-8582 (docket
#112) is denied as moot.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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