Betts v. Godinez et al

Filing 13

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 6/28/2012:For the reasons stated below, Petitioner's motion to reconsider 10 is denied. Petitioner has also filed pro se motions seeking leave to file instanter additional exh ibits 7 for his Petition 7 , a supplemental Petition 11 , and an amended memorandum of law in support of his Petition 12 . Such motions 7 , 11 , and 12 to supplement are granted. Petitioner having paid the filing fee, Respondent is given until 07/30/12 to answer, move or otherwise plead to Petitioner's petition for writ of habeas corpus. In the event the Respondent answers Petitioner's petition, Petitioner is given until 08/30/12 to file his reply in further support of hi s petition. Should Respondent move to dismiss, Petitioner is given until 08/30/12 to file his response and Respondent is given until 09/06/12 to file his reply in further support of his motion to dismiss. Status hearing set for 11/08/12 at 9:00 a.m. [ For further details see written opinion.] Mailed notice (tg, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Samuel Der-Yeghiayan

CASE NUMBER

12 C 2711

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

6/28/2012

Kevin Betts (N–74536) vs. Salvador A Godinez

DOCKET ENTRY TEXT

For the reasons stated below, Petitioner’s motion to reconsider [10] is denied. Petitioner has also filed pro se
motions seeking leave to file instanter additional exhibits [7] for his Petition [7], a supplemental Petition [11],
and an amended memorandum of law in support of his Petition [12]. Such motions [7], [11], and [12] to
supplement are granted. Petitioner having paid the filing fee, Respondent is given until 07/30/12 to answer,
move or otherwise plead to Petitioner’s petition for writ of habeas corpus. In the event the Respondent
answers Petitioner’s petition, Petitioner is given until 08/30/12 to file his reply in further support of his
petition. Should Respondent move to dismiss, Petitioner is given until 08/30/12 to file his response and
Respondent is given until 09/06/12 to file his reply in further support of his motion to dismiss. Status hearing
set for 11/08/12 at 9:00 a.m.
O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
This matter is before the court on Petitioner Kevin Betts’ (Betts) pro se motion for reconsideration.
On April 12, 2012, Betts filed the petition for writ of habeas corpus in this case pursuant to 28 U.S.C. § 2254
(Petition). Betts indicates that his appeal on the denial of his second post-conviction petition is still pending
and thus he still has not exhausted his state court remedies on all issues presented in the Petition. Betts
argues, however, that he has exhausted his state court remedies as to some of his claims, and he requests that
the court stay the instant action until he has exhausted all his state court remedies in accordance with Rhines
v. Weber, 544 U.S. 269 (2005). On April 12, 2012, Betts filed a motion to stay his Petition pending the
resolution of the unexhausted claims, and on May 8, 2012, this court denied the motion. Betts now requests
that the court reconsider that ruling. Betts has not presented any new arguments that could have been
presented earlier or shown that the court erred in denying his motion to stay the Petition. Betts has not shown
good cause for failing to exhaust certain claims and the claims that Betts seeks to exhaust during the
proposed stay are plainly meritless. Thus, a stay is not warranted, and the motion for reconsideration is

12C2711 Kevin Betts (N-74536) vs. Salvador A Godinez

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STATEMENT
denied. See, e.g., Rhines, 544 U.S. at 277 (explaining the considerations for granting a stay).
Betts has also filed pro se motions seeking leave to file instanter additional exhibits for his Petition, a
supplemental Petition, and an amended memorandum of law in support of his Petition. Such motions to
supplement are granted.

12C2711 Kevin Betts (N-74536) vs. Salvador A Godinez

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