Cowan v. Stovall

Filing 66

ORDER denying 65 Petitioner's Motion to Compel. Signed by District Judge Robert H. Cleland. (LWag)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TRACY LYNN COWAN, Petitioner, v. Case No. 06-13846 CLARICE STOVALL, Respondent. / ORDER DENYING PETITIONER’S MOTION TO COMPEL On August 31, 2011, the court stayed and held in abeyance this petition for a writ of habeas corpus under 28 U.S.C. § 2254, in order to allow Petitioner to exhaust her state-court remedies. At that time, Petitioner had already begun the exhaustion process by filing a motion for relief from judgment in the Oakland County Circuit Court. Petitioner filed the instant motion to compel on June 25, 2012, asking this court to set a deadline by which the circuit court must rule on her motion for relief from judgment, which is still pending despite Petitioner’s “belie[f] that the state court has had more than a reasonable time to respond.” (Pet.’s Mot. Compel 2, Dkt. # 65.) As it is established law that “federal courts have no authority . . . to direct state courts or their judicial officers in the performance of their duties,” Haggard v. Tennessee, 421 F.2d 1384, 1386 (6th Cir. 1970), Petitioner’s position is not well taken. Accordingly, IT IS ORDERED that Petitioner’s motion to compel [Dkt. # 65] is DENIED. s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: August 9, 2012 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, August 9, 2012, by electronic and/or ordinary mail. s/Lisa Wagner Case Manager and Deputy Clerk (313) 234-5522 S:\Cleland\JUDGE'S DESK\C2 ORDERS\06-13846.COWAN.2254DenyCompel.set.wpd 2

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