Marion v. Berghuis

Filing 98

ORDER Acknowledging 97 Petitioner's Compliance with the Opinion and Order Staying the Petition for Writ of Habeas Corpus. Signed by District Judge Victoria A. Roberts. (LVer)

Case 2:12-cv-13127-VAR-LJM ECF No. 98, PageID.2517 Filed 05/18/22 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ALLEN MARION,
Petitioner,
v.

Civil No. 2:12-CV-13127
HONORABLE VICTORIA A. ROBERTS
UNITED STATES DISTRICT JUDGE

JEFFREY WOODS,
Respondent,
____________________________________/
ORDER ACKNOWLEDING PETITIONER’S COMPLIANCE WITH THE
OPINION AND ORDER STAYING THE PETITION FOR WRIT OF
HABEAS CORPUS
On November 19, 2021, this Court held the petition in abeyance and
administratively closed the case so that Petitioner could return to the state courts to
exhaust an additional claim contained in his amended petition. The stay was
conditioned on Petitioner filing his post-conviction motion for relief from judgment
within ninety days of the court’s order and informing the Court that the motion had
been filed with the state court. Marion v. Woods, No. 2:12-CV-13127, 2021 WL
5416228 (E.D. Mich. Nov. 19, 2021).
Petitioner filed a notice indicating that he complied with the terms of the stay
order by timely filing his motion for relief from judgment with the state court. (ECF
No. 97). This Court acknowledges Petitioner’s compliance with the stay order and
will continue the stay.
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Case 2:12-cv-13127-VAR-LJM ECF No. 98, PageID.2518 Filed 05/18/22 Page 2 of 2

If Petitioner does not obtain relief in the state courts, he shall file a motion to
lift the stay using the same caption and case number within ninety (90) days after
the conclusion of the state court post-conviction proceedings.

Dated: 5/18/2022

s/ Victoria A. Roberts
HON. VICTORIA A. ROBERTS
UNITED STATES DISTRICT JUDGE

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