Pouncy v. Palmer

Filing 417

ORDER Setting Settlement Conference, Staying Conditional Writ of Habeas Corpus, and Staying Deadlines for Responses to Pending Motions. (Settlement Conference set for 9/9/2021 at 9:30 AM before District Judge Matthew F. Leitman.) Signed by District Judge Matthew F. Leitman. (HMon)

Case 2:13-cv-14695-MFL-LJM ECF No. 417, PageID.14659 Filed 08/09/21 Page 1 of 3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OMAR RASHAD POUNCY,
Petitioner,

Case No. 13-cv-14695
Hon. Matthew F. Leitman

v.
MATT MACAULEY,
Respondent.
__________________________________________________________________/
ORDER SETTING SETTLEMENT CONFERENCE, STAYING
CONDITIONAL WRIT OF HABEAS CORPUS, AND STAYING
DEADLINES FOR RESPONSES TO PENDING MOTIONS
On June 28, 2021, this Court entered an Opinion and Order in which, among
other things, it granted a conditional writ of habeas corpus to Petitioner Omar
Pouncy on one of Pouncy’s claims and denied relief on the remainder of his
claims. Since the entry of the Court’s order, Pouncy has filed a motion for
reconsideration (ECF No. 404) (with two additional supplements to that motion), a
motion to stay the remainder of his state sentence (ECF No. 413), and a motion for
clarification (ECF No. 414). Also since the entry of the Court’s order, Respondent
has filed a Notice of Appeal (ECF No. 409).
On August 9, 2021, the Court held an on the record status conference with
counsel for Pouncy and for Respondent. During the conference, the Court discussed
with counsel a plan for moving the case forward to completion, the possibility of a
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stay of the Court’s conditional writ of habeas corpus, and how to proceed on the
pending motions. After substantial discussion, the parties agreed to proceed as
follows (and pursuant to that agreement, the Court orders that the action will proceed
as follows):
 On September 9, 2021, the Court will hold an in-person settlement
conference at the Federal Courthouse in Flint, Michigan. Pouncy shall
attend in person (the Court will enter the appropriate writ/order compelling
his attendance). Counsel for Pouncy shall also attend in person. In
addition, counsel for Respondent shall attend along with a representative
of the Genesee County Prosecutor’s Office with full authority to settle the
case. The conference shall begin at 9:30 a.m.
 The conditional writ of habeas corpus is STAYED until the September 9,
2021, conference. If the case does not settle at the conference, the Court
will extend this stay for a reasonable period of time to (1) give Respondent
an opportunity to file a formal motion for a full stay of the writ, (2) give
Pouncy an opportunity to respond to such a motion, and (3) give the Court
an opportunity to rule on such a motion.
 Respondent need not respond to any of the above-identified motions at this
time. If the case does not settle at the September 9, 2021, conference, the
Court will set a reasonable briefing schedule for Respondent to file
responses and for Pouncy to file replies.

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 In preparation for the settlement conference, Pouncy and Respondent may
(but are not required to) provide the Court with a settlement statement
outlining, among other things, the progress and status of the negotiations,
areas of potential compromise, and thoughts concerning how to make the
negotiations most productive. Any such statement shall be submitted by
email to the Court’s Case Manager, Holly Monday, by twelve noon on
September 7, 2021.
IT IS SO ORDERED.

Dated: August 9, 2021

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on August 9, 2021, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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