Keith #624999 v. Harry

Filing 6

ORDER dismissing without prejudice unexhausted claims of petitioner for lack of exhaustion of state court remedies; remaining exhausted claims are stayed and the case is administratively closed until petitioner files a timely motion to amend the habeas petition to include any subsequently exhausted claims ; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, aeb)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MICHAEL EDWARD KEITH, Jr.,
Petitioner,

Case No. 1:12-cv-71

v.

Honorable Paul L. Maloney

SHIRLEE HARRY,
Respondent.
____________________________________/
ORDER
In accordance with the Opinion entered this day:
IT IS ORDERED that Petitioner’s motion to hold this action in abeyance (docket #3)
is GRANTED. This action is hereby stayed until Petitioner files a motion to reopen these
proceedings. Such motion must be filed not later than 30 days after a final decision by the Michigan
Supreme Court on Petitioner’s unexhausted claims and shall include a description of the newly
exhausted claims and the dates and substance of decision at each step of state-court review.
IT IS FURTHER ORDERED that if Petitioner fails to comply with the deadlines
imposed in this order, the Court may dismiss the petition.
IT IS FURTHER ORDERED that this case shall be administratively closed until such
time as Petitioner files a motion to reopen these proceedings in accordance with the procedures set
forth in this order.

Dated:

February 9, 2012

/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge