Liggion v. Winn

Filing 18

ORDER denying 17 Motion to Appoint Counsel ; granting 17 Motion to Extend time to commence state court proceedings within 90 days of this order. Signed by District Judge Robert H. Cleland. (LWag)

Case 2:17-cv-13009-RHC-EAS ECF No. 18, PageID.1202 Filed 03/11/21 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DEONDRA L. LIGGION,
Petitioner,
v.

Case No. 17-13009

THOMAS O. WINN,
Respondent.

/

ORDER GRANTING IN PART AND DENYING IN PART PETITIONER’S SECOND
REQUEST FOR ADDITIONAL TIME AND APPOINTMENT OF COUNSEL
On May 14, 2019, Petitioner Deondra L. Liggion filed a motion to hold this
habeas corpus proceeding in abeyance while he exhausts state court remedies. (ECF
No. 12.) The court granted the motion on March 13, 2020 (“Stay Order”). (ECF No.
13.) The court conditioned the stay upon Petitioner complying with certain
requirements, including commencing post-conviction proceedings in state court within
60 days of the date of the Stay Order. (Id.) On May 5, 2020, Petitioner filed a motion for
extension of time to initiate state court proceedings and for appointment of counsel.
(ECF No. 14.) On June 24, 2020, the court granted Petitioner an additional 60 days to
commence state court proceedings and denied his request for counsel. (ECF No. 15.)
Now before the court is Petitioner’s second request for an extension of time and for the
appointment of counsel. (ECF 17.)
Petitioner states that his access to the law library continues to be severely limited
because the prison continues to impose restrictions related to the COVID-19 pandemic.
He asks for an additional 180 days to commence state court proceedings. The court

Case 2:17-cv-13009-RHC-EAS ECF No. 18, PageID.1203 Filed 03/11/21 Page 2 of 2

recognizes that pandemic-related restrictions may create some delays in Petitioner’s
ability to prepare state-court pleadings and will grant an enlargement, but not the 180
days Petitioner requests. An enlargement of 90 days from the date of this order should
be sufficient time for Petitioner to commence state court proceedings.
Petitioner also renews his request for the appointment of counsel. The court
denies the request for the same reasons stated in the earlier denial of counsel. (See
ECF No. 15.) Accordingly,
IT IS ORDERED that Petitioner’s “Second Request for Additional Time and
Appointment of Counsel” (ECF No. 17) is GRANTED IN PART AND DENIED IN PART.
The request is GRANTED with respect to the extension of time. Petitioner must
commence state court proceedings within 90 days of the date of this order. The request
is DENIED with respect to appointment of counsel.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: March 11, 2021

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, March 11, 2021, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]
S:\Cleland\Cleland\JUDGE'S DESK\C2 ORDERS\1713009.LIGGION.SecondRequestforAdditionalTimeandAppointmentofCounsel.MBC.RMK.docx

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