Williams #488387 v. Berghuis

Filing 5

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; granting 3 motion to stay; 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

CHRISTOPHER WILLIAMS,
Petitioner,

Case No. 1:13-cv-334

v.

Honorable Paul L. Maloney

MARY BERGHUIS,
Respondent.
____________________________________/
ORDER TO STAY
In accordance with the Opinion entered this day:
IT IS ORDERED that Petitioner’s motion for a stay (docket #3) is GRANTED.
IT IS FURTHER ORDERED that Petitioner shall have thirty (30) days from the
date of this order in which to file a motion for relief from judgment in the Kent County Circuit Court
setting forth any unexhausted claims that he intends to pursue in his habeas petition.
IT IS FURTHER ORDERED that Petitioner’s action is hereby stayed until
Petitioner files a motion to amend his petition to include his 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 deadlines
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:

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

May 9, 2013

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