Hotz v. Mathy

Filing 37

ORDER DENYING 35 Motion for Reconsideration. Signed by Magistrate Judge Donald G. Wilkerson on 9/26/11. (alg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RICKY A. HOTZ,
Petitioner,
v.
GUY PIERCE,
Respondent.

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Case No.: 08-cv-00850-DRH-DGW

ORDER
Currently pending before the Court is Petitioner Ricky Hotz’s Petition for Relief from
Judgment (Doc. 35), which the Court construes as a Renewed Motion for Stay and Abeyance.
The Court denied Petitioner’s previous Motion to Stay (Doc. 28) on December 13, 2010, his
subsequent Motion for Reconsideration of that denial on March 30, 2011 (Doc. 30), and his
successive Motion for Stay and Abeyance (Doc. 33) on July 21, 2011. In denying each of these
motions, the Court explained that a stay and abeyance is appropriate only where a petitioner has
filed a “mixed” habeas petition including both exhausted and unexhausted claims, and because
Petitioner’s petition did not contain any unexhausted claims he was not entitled to a stay and
abeyance (Docs. 28, 30). See Rhines v. Weber, 544 U.S. 269, 277 (2005).
Petitioner now seeks relief from the Court’s July 21, 2011 Order denying his request for
stay and abeyance “either under Rule 59(e), and or, 60(b)” (Doc. 35). Petitioner, however,
reasserts the same factual arguments made in his previous motions. For the reasons stated in the
Court Orders at Docs. 28, 30 and 33, Petitioner’s Motion (Doc. 35) is DENIED.
IT IS SO ORDERED.
DATED: September 26, 2011
DONALD G. WILKERSON
United States Magistrate Judge