Chaney v. James N. Cross, Warden

Filing 45

ORDER denying 42 Motion to Stay. Signed by Magistrate Judge Clifford J. Proud on 4/23/2014. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CARLTON LAMONT CHANEY,
Petitioner,
vs.

JAMES N. CROSS,
Respondent.

PROUD, Magistrate Judge:

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Civil No. 13-cv-223-CJP

ORDER

Before the Court is petitioner’s Motion for Stay of Rule 59(e) Proceedings.
(Doc. 42).
Through counsel, petitioner filed a Motion to Reconsider Pursuant to
Fed.R.Civ.P. 59(e) at Doc. 40. Counsel has now been granted leave to withdraw.
Petitioner asks the Court to stay this case and to refrain from ruling on his Rule
59(e) motion until he has been able to retain another attorney.
There is no right to counsel in a habeas corpus case. Pennsylvania v.
Finley, 481 U.S. 551, 555 (1987); Lavin v. Rednour, 641 F.3d 830, 833 (7th
Cir. 2011). Therefore, the Court will not stay this case, and will rule on
petitioner’s Rule 59(e) motion in the ordinary course of business.
Petitioner’s Motion for Stay of Rule 59(e) Proceedings (Doc. 42) is
DENIED.
IT IS SO ORDERED.
DATE: April 23, 2014.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE