Keith #624999 v. Harry

Filing 9

ORDER granting 7 Petitioner's motion to REOPEN the case; directing the filing of a second-amended complaint in proper form within 28 days or the action may be dismissed; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, kw)

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

MICHAEL EDWARD KEITH,
Petitioner,
v.

Case No. 1:12-cv-71
Honorable Paul L. Maloney

SHIRLEE HARRY,
Respondent.
____________________________________/
ORDER TO REOPEN CASE AND DIRECTING
PETITIONER TO FILE AN AMENDED PETITION
This is a habeas corpus action filed by a state prisoner, through counsel, pursuant to
28 U.S.C. § 2254. In an order issued February 9, 2012 (docket #6), the Court conducted an initial
review of the petition and concluded that the petition included both exhausted and unexhausted
issues. The Court granted Petitioner’s motion to stay the petition to permit him exhaust his state
court to exhaust his previously unexhausted claims. The Court then dismissed the unexhausted
claims and stayed the case pending exhaustion. Petitioner was granted 30 days in which to file a
motion for relief from judgment in the Ingham County Circuit Court and 30 days after final decision
by the Michigan Supreme Court to return to this Court by filing a motion amend his petition to
include all of his claims.
Petitioner now has filed a motion to re-open his habeas corpus proceeding (docket
#7). Upon review, Petitioner’s motion to reopen his case will be granted, as it appears that Petitioner
has complied with the time requirements set forth in this Court’s February 9, 2012 order. Petitioner,
however, must file an amended petition stating all of the claims he now intends to raise. All

applications for habeas corpus relief must be submitted on the form petition provided by this Court.
See Rule 2(d), RULES GOVERNING § 2254 CASES; W.D. Mich. LCivR 5.6(a). If Petitioner wishes
to proceed with his action, he must carefully fill out the form and submit it to the Court. Petitioner
shall submit an amended petition by filing his habeas petition on the requisite form within 28 days
from the date of entry of this order. The case number shown above must appear on the front page
of the amended petition. Petitioner must file an original and one complete copy of the amended
petition and any new attachments. Petitioner need not re-submit supporting materials filed with the
original petition. Because the amended petition will take the place of the original petition, the
amended petition must set forth all of the grounds for relief that Petitioner intends to raise.
If Petitioner fails to submit an amended petition in proper form within the time allowed, the petition
may be dismissed without prejudice by the Court. Accordingly,
IT IS ORDERED that Petitioner’s motion to reopen the case (docket #7) is
GRANTED, and the case is hereby reopened.
IT IS FURTHER ORDERED that, within 28 days of this order, Petitioner shall file
a second-amended complaint on the form.

Dated:

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

February 12, 2014

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