Stephenson v. Hobbs

Filing 23

ORDER denying 21 Motion to Stay. Signed by Magistrate Judge Jerome T. Kearney on 1/9/13. (kpr)

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

DEANDRA STEPHENSON
PETITIONER
ADC # 138392
v.

Case No. 5:12CV00106 DPM-JTK

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
Pending before the Court is Petitioner’s Motion For Stay (DE #21). Petitioner requests the
stay “so that [he] may pursue the three procedurally defaulted claims in State court thereby properly
exhausting [them] pursuant to AEDPA.”
Petitioner cannot meet the “good cause” standard set forth in Rhines v. Weber, 544 U.S. 269
(2005), to justify granting a stay of these federal proceedings in order for him to return to state court
to file state habeas petitions regarding his procedurally defaulted claims. Accordingly, his motion
to stay is denied.
IT IS SO ORDERED this 9th day of January, 2013.

___________________________________
UNITED STATES MAGISTRATE JUDGE