Reynolds v. Secretary, Department of Corrections et al

Filing 65

ORDER staying case and it is held in abeyance to allow Petitioner to exhaust his claims in the state courts. Petitioner shall move to reopen this case within thirty (30) days from the date exhaustion is completed in the state court system. The fa ilure to do so may result in dismissal of this case without further notice. On or before September 1, 2016, and thereafter every ninety (90) days until the case is reopened, Petitioner shall file a "Notice Regarding the Status of State Court Exhaustion" setting forth the status of the state court proceedings Signed by Judge Roy B. Dalton, Jr. on 7/21/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MICHAEL GORDON REYNOLDS,
Petitioner,
v.

Case No: 6:12-cv-1861-Orl-37GJK

SECRETARY, FLORIDA
DEPARTMENT OF CORRECTIONS
and ATTORNEY GENERAL, STATE
OF FLORIDA,
Respondents.
ORDER
This cause is before the Court on its own motion. Petitioner, who has been
sentenced to death, initiated this case by filing a Petition for Writ of Habeas Corpus
(Doc. 1). On March 14, 2016, the Court granted Petitioner’s Second Motion to Stay and
Hold In Abeyance (“Second Motion to Stay,” Doc. 56) and stayed the case to allow
Petitioner to exhaust the claims identified in the Second Motion to Stay. Petitioner then
initiated proceedings in the state court.

(Doc. 62).

On June 17, 2016, the Court

reopened the case on its own motion. (Doc. 64). However, in light of Petitioner’s
pending state court proceedings, this case should be administratively closed pending
the disposition of the state court proceedings.
Accordingly, it is ORDERED and ADJUDGED as follows:
1.

This case is STAYED and is held in abeyance to allow Petitioner to

exhaust his claims in the state courts. Petitioner shall move to reopen this case within

thirty (30) days from the date exhaustion is completed in the state court system. The
failure to do so may result in dismissal of this case without further notice.
2.

On or before September 1, 2016, and thereafter every ninety (90) days

until the case is reopened, Petitioner shall file a “Notice Regarding the Status of State
Court Exhaustion” setting forth the status of the state court proceedings.
3.

The Clerk of the Court is directed to close this case administratively,

pending further Order of the Court.
DONE and ORDERED in Orlando, Florida on July 21st, 2016.

Copies furnished to:
Counsel of Record
OrlP-2 7/21