Woods #737144 v. Smith

Filing 9

ORDER denying certificate of appealability; denying motion to stay 7 ; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, kw)

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UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TROY ANTHONY WOODS, Petitioner, Case No. 1:12-cv-672 v. Honorable Paul L. Maloney WILLIE O. SMITH, Respondent. ____________________________________/ ORDER In accordance with the Opinion entered this day: IT IS ORDERED that Petitioner’s motion to hold these proceedings in abeyance (docket # 7) is DENIED. IT IS FURTHER ORDERED that a certificate of appealability from the judgment issued this date is DENIED because a reasonable jurist could not conclude either that the district court erred in dismissing the petition for failure to exhaust or that the petitioner should be allowed to proceed further. Slack v. McDaniel, 529 U.S. 473, 484 (2000). Dated: October 26, 2012 /s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge

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