Usher #712399 v. Mackie

Filing 23

ORDER REJECTING REPORT AND RECOMMENDATION 7 , 12 ; signed by Judge R. Allan Edgar (Judge R. Allan Edgar, cam)

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

JONATHAN USHER,
Petitioner,
v.

Case No. 2:14-cv-163
Honorable R. Allan Edgar

THOMAS MACKIE,
Respondent.
_______________________________/
ORDER
In accordance with the Opinion issued this day:
IT IS ORDERED that Petitioner’s proposed pleadings (dockets ## 16-1 through
16-8) are accepted for filing.
IT IS FURTHER ORDERED that Petitioner’s motion to amend (dockets #16 and
16-1) to assert claims of actual innocence and equitable tolling of the statute of limitations is
GRANTED.
IT IS FURTHER ORDERED that Petitioner’s motion for equitable tolling of the
statute of limitations (docket #16-2) is GRANTED and the petition is deemed timely filed.
IT IS FURTHER ORDERED that the Report and Recommendation (docket #12)
to dismiss the petition as time-barred is REJECTED.
IT IS FURTHER ORDERED that Petitioner’s motion for appointment of counsel
(docket #16-4) is DENIED.
IT IS FURTHER ORDERED that Petitioner’s motion for a stay of the proceedings
(docket #7) 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 Wayne 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 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 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: 11/6/2014

/s/ R. Allan Edgar
R. ALLAN EDGAR
UNITED STATES DISTRICT JUDGE

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