Stephenson v. Hobbs

Filing 23

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

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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

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