Rios v. Secretary, Department of Corrections et al

Filing 16

ORDER denying 9 Motion for Extension of Time to File Response/Reply ; granting 10 motion to stay. Petitioner shall file a motion to reopen this case within THIRTY (30) DAYS after a final decision has been rendered in the state court. Signed by Judge Roy B. Dalton, Jr. on 2/13/2017. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DENNIS JUNIOR RIOS, Petitioner, v. Case No: 6:16-v-430-Orl-37KRS SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents. / ORDER This cause is before the Court on Petitioner’s Motion to Stay (Doc. 10). Respondents oppose the motion (Doc. 13). The Supreme Court of the United States has set forth the law explaining when a district court should grant a motion to stay a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254: [I]t likely would be an abuse of discretion for a district court to deny a stay and to dismiss a mixed petition if the petitioner had good cause for his failure to exhaust, his unexhausted claims are potentially meritorious, and there is no indication that the petitioner engaged in intentionally dilatory litigation tactics. In such circumstances, the district court should stay, rather than dismiss, the mixed petition. Rhines v. Weber, 544 U.S. 269, 277-78 (2005). Petitioner seeks a stay of the instant proceedings because he is attempting to exhaust one ground of his habeas petition (Doc. 10- at 2-3) The Court concludes that Petitioner has provided good cause for staying these proceedings. See Rhines, 544 U.S. at 277-78. Page 1 of 2 Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Petitioner’s Motion to Stay (Doc. 10) is GRANTED. This case is STAYED pending conclusion of Petitioner’s state court proceedings. 2. Petitioner shall file a motion to reopen this case within THIRTY (30) DAYS after a final decision has been rendered in the state court. 3. Petitioner’s Motion for Extension of Time (Doc. 9) is DENIED without prejudice. 4. The Clerk of Court is directed to administratively close the case. 5. Petitioner is advised that the failure to comply with the requirements of this Order may result in dismissal of this case without further notice. DONE AND ORDERED in Orlando, Florida on February 13th, 2017. Copies furnished to: OrlP-3 3/27 Dennis Junior Rios Counsel of Record Page 2 of 2

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