Johnson v. Roden

Filing 16

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: The court hereby DENIES Respondents Motion to Dismiss (Dkt. No. 9 ), without prejudice. The purpose of this ruling is to allow Petitioner, now represented by qualified counsel, to fi le an amended Petition. This filing may, or may not, sift out claims which Respondent deems to be unexhausted and will, in any event, place the Petition on a firmer legal footing. Counsel for Petitioner is ordered to file this amended Petition no later than April 16, 2012. Respondent may filea renewed Motion to Dismiss no later than May 14, 2012. Petitioners opposition to the renewed motion may be filed by June 11, 2012. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
WILLIAM JOHNSON,
Petitioner

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v.
GARY RODEN,
Respondent

C.A. 11-cv-30174-MAP

MEMORANDUM AND ORDER REGARDING
RESPONDENT’S MOTION TO DISMISS
(Dkt. No. 9)
March 28, 2012
PONSOR, U.S.D.J.
Petitioner, acting pro se, originally filed this Petition
for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Dkt.
No. 1).

He also filed a Motion for Leave to Proceed In Forma

Pauperis and a Motion to Appoint Counsel. (Dkt. Nos. 6 & 7).
On August 18, 2011, Respondent filed a Motion to
Dismiss the Petition, essentially on the ground of failure
to exhaust.

(Dkt. No. 9).

On August 29, 2011, Petitioner

filed in pro se opposition to the motion (Dkt. No. 14), and
the court on October 25, 2011 referred all the pending
motions to Magistrate Judge Kenneth P. Neiman.
Subsequently, Judge Neiman appointed Attorney Kevin L.
Barron as counsel for Petitioner.
Based on the foregoing, the court hereby DENIES
Respondent’s Motion to Dismiss (Dkt. No. 9), without

prejudice. The purpose of this ruling is to allow
Petitioner, now represented by qualified counsel, to file an
amended Petition.

This filing may, or may not, sift out

claims which Respondent deems to be unexhausted and will, in
any event, place the Petition on a firmer legal footing.
Counsel for Petitioner is ordered to file this amended
Petition no later than April 16, 2012.

Respondent may file

a renewed Motion to Dismiss no later than May 14, 2012.
Petitioner’s opposition to the renewed motion may be filed
by June 11, 2012.
It is So Ordered.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge

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