Watts v. Howes

Filing 15

Opinion and ORDER granting 14 Motion to Dismiss, dismissing without prejudice the petition for a writ of habeas corpus and denying a certificate of appealability Signed by District Judge Thomas L. Ludington. (DTyl)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

ROOSEVELT WATTS,
Petitioner,
Civil No. 10-11548-BC
Honorable Thomas L. Ludington

v.
CAROL HOWES,
Respondent.
_______________________________/

OPINION AND ORDER GRANTING PETITIONER’S MOTION TO DISMISS,
DISMISSING WITHOUT PREJUDICE THE PETITION FOR A WRIT OF
HABEAS CORPUS, AND DENYING A CERTIFICATE OF APPEALABILITY
Petitioner Roosevelt Watts filed a motion to voluntarily dismiss his pending petition for a
writ of habeas corpus on March 28, 2011. Petitioner seeks an opportunity to return to the state
courts to pursue additional challenges to his state criminal proceedings. The Court previously
denied Petitioner’s motion to stay this proceeding so that he could exhaust additional claims in the
state courts. The Court emphasized that all of the claims identified in the petition were exhausted,
and that Petitioner could seek voluntary dismissal of this proceeding to exhaust additional claims
if he preferred. The one-year statute of limitations for filing habeas petitions had not yet begun to
run when this petition was filed. As a result, Petitioner will have time to refile a federal habeas
petition after exhausting additional claims in state court. Petitioner indicates in the current motion
that he has elected to voluntarily dismiss this proceeding to exhaust additional state claims.
Accordingly, it is ORDERED that Petitioner’s motion to dismiss is GRANTED and the
petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE. Additionally, a
certificate of appealability is DENIED as reasonable jurists could not debate the correctness of the

Court’s procedural ruling. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b); Slack v. McDaniel, 529
U.S. 473, 484-85 (2000). This order closes this case. Should Petitioner wish to seek federal habeas
relief following the exhaustion of state court remedies, he must file a new habeas petition in federal
court within the time remaining on the one-year period of limitations.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: April 11, 2011
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney of record herein by electronic means and on
Roosevelt Watts, #227106 at Lakeland Correctional Facility, 141 First
Street, Coldwater, MI 49036 by first class U.S. mail on April 11, 2011.
s/Tracy A. Jacobs
TRACY A. JACOBS

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