Cowan v. Stovall

Filing 66

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

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
[phone]

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