McLean #275421 v. McKee

Filing 10

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, kw)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RONALD J. McLEAN,
Petitioner,

Case No. 1:12-cv-1401

v.

Honorable Paul L. Maloney

KENNETH McKEE,
Respondent.
____________________________________/
ORDER TO STAY
In accordance with this Court’s order of February 12, 2013, Petitioner has filed a
timely motion for stay and abeyance, in which he avers cause for his failure to exhaust and requests
a stay of this action to exhaust his unexhausted claims in state proceedings. Under Rhines v. Weber,
544 U.S. 269 (2005), such a stay should only be granted if (1) there is good cause for Petitioner’s
failure to exhaust the unexhausted claims, (2) the unexhausted claims are not plainly meritless, and
(3) there is no indication that Petitioner has engaged in abusive or dilatory litigation tactics. Id. at
277-78. Upon review, the Court concludes that Petitioner has made the requisite showings.
Accordingly, pursuant to the Sixth Circuit’s direction in Palmer v. Carlton, 276 F.3d
777, 781 (6th Cir. 2002), and the analysis set forth in this Court’s February 12, 2013 order,
IT IS ORDERED that Petitioner’s action is hereby stayed until Petitioner files a
motion to amend his petition to include any subsequently exhausted claims. 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 deadline
imposed in this order, the Court may dismiss the petition.
IT IS FURTHER ORDERED that Petitioner shall advise the Court of any change
of address occurring during the pendency of the stay.
IT IS FURTHER ORDERED that this case shall be administratively closed until
such time as Petitioner files a motion to amend his petition in accordance with the procedures set
forth in this order.

Dated:

March 27, 2013

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

-2-