Brown v. Skipper

Filing 16

ORDER ACKNOWLEDGING Petitioner's Compliance with the Opinion Staying Case re 15 MOTION filed by Emanuel LeRoy Brown. Signed by District Judge Robert H. Cleland. (LWag)

Case 3:18-cv-13748-RHC-EAS ECF No. 16 filed 09/08/20

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______________________________________________________________________
EMANUEL LEROY BROWN,
Petitioner,
v.

Case No. 18-13748

GREGORY SKIPPER,
Respondent,
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ORDER ACKNOWLEDGING PETITIONER’S COMPLIANCE WITH THE OPINION
AND ORDER STAYING THIS CASE
Petitioner Emanuel Leroy Brown filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254, (ECF No. 1), which the court held in abeyance so that
Petitioner could exhaust additional claims in the state courts. (ECF No. 7.) The stay was
conditioned on Petitioner filing his post-conviction motion for relief from judgment within
sixty days of the court’s order and informing the court that the motion had been filed
with the state court. (Id., PageID.67-68.) Petitioner was advised that if he failed to
comply with the order, the stay would be vacated and the case dismissed. (Id.)
Petitioner filed a notice indicating that he has complied with the terms of the stay
order by timely filing a motion for relief from judgment in state court. (ECF No. 14.)
Petitioner also filed a copy of his motion for relief from judgment. (ECF No. 15.)
Accordingly,
IT IS ORDERED that the court acknowledges Petitioner’s “Motion for Relief from
Judgment” (ECF No. 15) and will continue the stay.

Case 3:18-cv-13748-RHC-EAS ECF No. 16 filed 09/08/20

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If Petitioner does not obtain relief in the state courts, Petitioner shall file a motion
to lift the stay using the same caption and case number within sixty (60) days after the
conclusion of the state court post-conviction proceedings.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

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Dated: September 8, 2020
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 8, 2020, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]
S:\Cleland\Cleland\JUDGE'S DESK\C2 ORDERS\1813748.BROWN.OrderAcknowledgingPetitioner'sCompliancewithOpinionandOrderStayingCase.DB.RMK.docx

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