Mitchell v. Silva

Filing 40

Judge Richard G. Stearns: ORDER entered. The Report and Recommendations 39 is ADOPTED, and Mitchell's 29 Motion for a Stay is DENIED. (Pacho, Arnold)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 17-11792-RGS
MARKEESE MITCHELL
v.
STEVEN SILVA
ORDER ON THE REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE
July 1, 2019
STEARNS, D.J.
I agree in all particulars with Magistrate Judge Boal’s carefully
reasoned Report and with her Recommendation that Markeese Mitchell’s
request to stay his Petition for Writ of Habeas Corpus in order to exhaust an
additional state court claim be denied.1 As Magistrate Judge Boal explains
in the Report, petitioner’s request for a stay “is futile as because any
amendment to add the new claim would not relate back to the date of the
Petition” and would be barred by the statute of limitations.” R. & R. at 5. In
any event, Mitchell has not demonstrated “good cause” for his failure to
exhaust the juror bias claim.

1 The court notes that any objections to the Report and
Recommendation were due no later than June 26, 2019.

Consequently, the Recommendation is ADOPTED, and Mitchell’s
motion for a stay is DENIED.
SO ORDERED.
/s/ Richard G. Stearns__________
UNITED STATES DISTRICT JUDGE

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