Villeneuve v. Romanowski
OPINION and ORDER Granting Petitioner's Motion for an Enlargement of Time to Re-File the Petition for Writ of Habeas Corpus With This Court re 24 . Signed by District Judge Denise Page Hood. (LSau)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Civil No. 2:14-CV-13768
HONORABLE DENISE PAGE HOOD
CHIEF UNITED STATES DISTRICT JUDGE
OPINION AND ORDER GRANTING PETITIONER’S MOTION FOR AN
ENLARGEMENT OF TIME TO RE-FILE THE PETITION FOR WRIT OF
HABEAS CORPUS WITH THIS COURT
Petitioner filed a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254. The petition was held in abeyance to permit petitioner to
return to the state courts to exhaust additional claims which had not yet
been presented to the state courts. The tolling was conditioned upon
petitioner returning to federal court within sixty days of completing the
exhaustion of his state court post-conviction remedies.
Petitioner filed a motion for an extension of time to re-file his petition
for writ of habeas corpus with this Court following the exhaustion of his
claims in the state courts. Petitioner requests this extension because he
has been placed in administrative segregation and has limited access to
the law library.
The Court grants petitioner a ninety day enlargement of time to re-file
his habeas petition with this Court. A federal district court has the power to
extend the stay of a habeas petition, particularly where the respondent
does not oppose the extension of the stay. See e.g. Roberts v. Norris, 415
F.3d 816, 819 (8th Cir. 2005). Petitioner did all that he could reasonably do
to re-file his habeas petition with this Court following the exhaustion of his
state court remedies, but was “prevented in some extraordinary way” from
re-filing the petition with this Court on time. Accordingly, an enlargement of
time should be granted to petitioner. See Schillereff v. Quarterman, 304 F.
App’x. 310, 314 (5th Cir. 2008).
IT IS HEREBY ORDERED that the motion for a ninety day
enlargement of time [Dkt. # 20] is GRANTED. Petitioner shall have ninety
days from the date of this order to re-file his habeas petition with this Court.
Petitioner is also free at that time to file an amended habeas petition which
contains any newly exhausted claims.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: August 30, 2017
I hereby certify that a copy of the foregoing document was served upon
counsel of record on August 30, 2017, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
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