Liggion v. Winn

Filing 22

ORDER granting 21 Petitioner's Motion to Lift Stay and Reopen Case. Signed by District Judge Robert H. Cleland. (LWag)

Case 2:17-cv-13009-RHC-EAS ECF No. 22, PageID.1213 Filed 08/17/22 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DEONDRA L. LIGGION,
# 381270,
Petitioner,

Case Number: 17-cv-13009

v.
THOMAS O. WINN,
Respondent.
ORDER GRANTING PETITIONER’S MOTION TO LIFT STAY (ECF NO. 21)
Petitioner Deondra L. Liggion is in the custody of the Michigan Department of
Corrections serving lengthy sentences for second-degree murder, Mich. Comp. Laws §
750.317, assault with intent to do great bodily harm less than murder, Mich. Comp.
Laws § 750.84(1)(a), felon in possession of a firearm, Mich. Comp. Laws § 750.224f,
and three counts of possession of a firearm during the commission of a felony, second
offense, Mich. Comp. Laws § 750.227b(2). On September 5, 2017, he filed a pro se
petition for a writ of habeas corpus under 28 U.S.C. § 2254, raising a single claim:
insufficient evidence supports his convictions.
On March 13, 2020, the court granted Petitioner’s motion to stay this proceeding
to allow him to exhaust state court remedies for additional claims not raised in his
habeas petition. (ECF No. 13.) The court required Petitioner to commence state-court
post-conviction proceedings within 60 days of the date of the Stay Order. (Id.) Petitioner
sought, and the court granted, three motions for extension of time to commence state

Case 2:17-cv-13009-RHC-EAS ECF No. 22, PageID.1214 Filed 08/17/22 Page 2 of 2

court proceedings. (ECF Nos. 15, 18, 20.) Now before the court is Petitioner’s Motion to
Lift Stay (ECF No. 21), to which Respondent has not responded.
Petitioner's decision to ask the court to lift the stay and reinstate the habeas
petition indicates a desire to proceed only with his exhausted claim. The court will grant
the motion. Respondent previously filed an answer and the related state-court record.
Because Petitioner has abandoned his additional, unexhausted claims, no additional
filings are necessary.
Accordingly, the Court GRANTS Petitioner’s Motion to Lift Stay (ECF No. 21) and
the Clerk of Court is directed to reopen this matter.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: August 17, 2022

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, August 17, 2022, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]
S:\Cleland\Cleland\NTH\Habeas & Staff Attorney\17-13009.LIGGION.LiftStay.MBC.NTH.docx

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