Gamble #681382 v. Burt

Filing 72

ORDER STAYING CASE PENDING APPEAL: Clerk's office shall administratively close the case; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TERRANCE DARNELL GAMBLE, Petitioner, Case No. 1:11-cv-611 v. Hon. Robert J. Jonker SHERRY BURT, Respondent. ____________________________________/ ORDER GRANTING MOTION TO STAY This is a habeas corpus action brought by state prisoner Terrance Darnell Gamble pursuant to 28 U.S.C. § 2254. After filing his petition, Gamble sought to expand the record in this habeas case by obtaining copies of records which were not part of his state criminal proceedings. Specifically, Gamble sought to obtain copies of the government’s ex parte motions for sentence reduction filed in a federal case involving Deontye Williams, one of the witnesses in Gamble’s state criminal trial. The undersigned denied Gamble’s request for copies of the ex parte motions, which were restricted access documents filed in a federal criminal case which did not involve Gamble. See Order (ECF No. 52). The district judge assigned to this case affirmed the decision, see Order (ECF No. 53), and denied Gamble’s motion for reconsideration, see Order (ECF No. 57). Gamble disagreed with this Court’s rulings and filed a Notice of Appeal. See Notice of Appeal (ECF No. 60). His case is pending in the Sixth Circuit sub nom Gamble v. LeSatz, No. 172466. See Letter (ECF No. 62). This matter is now before the Court on petitioner’s “Motion to stay” the habeas proceedings pending his appeal (ECF No. 58). “The filing of a notice of appeal is an event of jurisdictional significance -- it confers jurisdiction on the court of appeals and divests the district court of its control over those 1 aspects of the case involved in the appeal.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982). This Court cannot adjudicate the habeas petition until the Sixth Circuit addresses the issues raised in petitioner’s appeal. Accordingly, IT IS ORDERED that petitioner’s motion to stay (ECF No. 58) is GRANTED. IT IS FURTHER ORDERED that this action is STAYED and that the Clerk’s Office shall administratively CLOSE this case. Dated: April 11, 2018 /s/ Ray Kent United States Magistrate Judge 2

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