Thomas v. Ortiz et al

Filing 89

MINUTE ORDER denying 87 Applicant's Petition [Motion] to Stay State Court Proceedings, by Magistrate Judge Michael E. Hegarty on 10/29/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00114-LTB-MEH MACK W. THOMAS, Applicant, v. JOE ORTIZ, Executive Director of D.O.C., and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on October 29, 2009. Applicant's Petition [Motion] to Stay State Court Proceedings [filed October 26, 2009; docket #87] is denied. The United States Code, 28 U.S.C. § 2251(a)(1), explicitly requires that a stay of state court proceedings must be based upon a "matter involved in the habeas corpus proceeding." Applicant requests a stay of his recent conviction and incarceration for a probation violation; however, the new matter is not involved in the current habeas corpus proceeding. See October 16, 2009 Minute Order at docket #84.