Davis v. Secretary, Department of Corrections et al

Filing 32

ORDER granting 31 --motion to stay; denying 28 --motion to reopen case; denying 29 --motion to reopen case; denying as moot 30 --motion for extension of time; directing Davis to file a status report every six months; directing Davis to move to re-open this case within thirty days of the conclusion of the state proceeding. Signed by Judge Steven D. Merryday on 11/24/2010. (BK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MARK ALLEN DAVIS, Petitioner, v. JAMES R. McDONOUGH, JR., Respondent. / ORDER The case was stayed and administratively closed (Doc. 21) while Davis exhausted a Brady/Giglio* claim. After both Davis and the respondent moved to re-open this case (Doc. 28 and 29), Davis asks (Doc. 31) that the case remain stayed while he pursues a new claim in state court based on Porter v. McCollum, ___ U.S. ___, 130 S. Ct. 447 (2009). The respondent offers no opposition. A review of the state court's online docket shows that Davis commenced a new state post-conviction proceeding. Accordingly, the motions to re-open (Doc. 28 and 29) are DENIED and the motion for the case to remain stayed (Doc. 31) is GRANTED. Davis's motion for an extension of time (Doc. 30) is DENIED as moot. This case shall remain administratively closed. Davis must file a motion to re-open this case not more than thirty (30) days Case No. 8:07-cv-676-T-23TBM ( Death Case )

*

Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972).

after the state proceeding concludes. Davis shall file a status report every six (6) months until this case is re-opened. ORDERED in Tampa, Florida, on November 24, 2010.

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