Stegall v. Rapelje
OPINION and ORDER: (1) Granting 15 MOTION to Lift the Stay of Proceedings, (2) Amending Caption, (3) Granting the Motion to Amend 1 Petition for Writ of Habeas Corpus, (4) Directing that the Original and the Amended Petitions 1 16 be served upon the Respondent and the Michigan Attorney General, and (5) Directing Respondent to file An Answer and the Rule 5 Materials in this case. Signed by District Judge Arthur J. Tarnow. (TMcg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Civil No. 2:12-CV-12415
HONORABLE ARTHUR J. TARNOW
UNITED STATES DISTRICT JUDGE
OPINION AND ORDER: (1) GRANTING MOTION TO LIFT THE STAY OF
PROCEEDINGS, (2) AMENDING CAPTION, (3) GRANTING THE MOTION TO
AMEND PETITION FOR WRIT OF HABEAS CORPUS, (4) DIRECTING THAT
THE ORIGINAL AND THE AMENDED PETITIONS (Dkts. # 1, # 16) BE
SERVED UPON THE RESPONDENT AND THE MICHIGAN ATTORNEY
GENERAL, AND (5) DIRECTING RESPONDENT TO FILE AN ANSWER AND
THE RULE 5 MATERIALS IN THIS CASE
Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. ' 2254,
which was held in abeyance to permit Petitioner to return to the state courts to exhaust his
Petitioner filed a motion to lift the stay of proceedings. Petitioner also filed an
amended habeas petition, which is construed as a motion to amend the habeas petition.
The motions are GRANTED. The Clerk of the Court shall serve a copy of the original
and amended petitions for writ of habeas corpus corpus upon respondent and the
Michigan Attorney General=s Office by first class mail. Respondent shall file an answer
and the Rule 5 materials within sixty (60) days of the Court=s order. The Court amends
the caption to reflect the name of Petitioner=s current warden, Shane Jackson.
Federal courts have the power to order that a habeas petition be reinstated upon
timely request by a habeas petitioner, following the exhaustion of state court remedies.
See e.g. Rodriguez v. Jones, 625 F. Supp. 2d 552, 559 (E.D. Mich. 2009). Petitioner
alleges in his amended petition that his claims were exhausted with the state courts. The
case is reopened.
The Court also orders that the caption in this case be amended to reflect that the
proper respondent in this case is now the warden of the prison where petitioner is
currently incarcerated. See Edwards Johns, 450 F. Supp. 2d 755, 757 (E.D. Mich. 2006);
See also Rule 2(a), 28 foll. U.S.C. ' 2254.
The Court grants petitioner=s motion to amend his habeas petition. There is no
evidence of bad faith on Petitioner=s part in bringing the motion to amend or prejudice to
respondent if the motion is granted. See Gillette v. Tansy, 17 F.3d 308, 313 (10th Cir.
The Clerk of the Court shall serve a copy of the habeas petition [Dkt. # 1], a copy
of the amended petition for writ of habeas corpus [Dkt. # 16], and a copy of this Order on
Respondent and on the Attorney General for the State of Michigan by first class mail as
provided in Rule 4 of the Rules Governing ' 2254 Cases, Rule 4. See Coffee v. Harry,
No. 04-71209, 2005 WL 1861943, * 2 (E.D. Mich. Aug. 2, 2005). Respondent shall file
an answer within sixty days of the Court=s order. See Erwin v. Elo, 130 F. Supp. 2d 887,
891 (E.D. Mich. 2001); 28 U.S.C. ' 2243. Respondent shall provide the Rule 5 materials
with the answer. See Griffin v. Rogers, 308 F.3d 647, 653 (6th Cir. 2002); Rules
Governing ' 2254 Cases, Rule 5, 28 U.S.C. foll. ' 2254. Petitioner has forty five days
from the receipt of the answer to file a reply brief, if he so chooses. See Rule 5(e) of the
Rules Governing ' 2254 Cases, 28 U.S.C. foll. ' 2254.
IT IS ORDERED THAT:
(1) The motion to lift the stay of habeas corpus proceedings [Dkt. # 15] is
GRANTED. The Clerk of the Court shall reopen the habeas petition to the
Court=s active docket.
(2) The caption of the case is amended. Shane Jackson is now the respondent.
(3) The motion to amend the petition for writ of habeas corpus is
(4) The Clerk of the Court shall serve a copy of the petition for writ of
habeas corpus [Dkt. # 1], a copy of the amended petition for writ of habeas
corpus [Dkt. # 16], and a copy of this Order on Respondent and the
Attorney General by first class mail.
(5) Respondent shall file an answer and produce the Rule 5 materials within
sixty (60) days of the date of this order or show cause why they are unable
to comply with the order.
(5) Petitioner shall have forty five days from the date that he receives the
answer to file a reply brief.
s/Arthur J. Tarnow
HON. ARTHUR J. TARNOW
UNITED STATES DISTRICT COURT
DATED: June 16, 2017
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon
counsel of record and any unrepresented parties via the Court’s ECF System to
their respective email or First Class U.S Mail addresses disclosed on the Notice of
Electronic filing on June 16, 2017.
Case Manager Generalist
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