Wenclasky #233546 v. Woods

Filing 12

ORDER REJECTING REPORT AND RECOMMENDATION 10 , denying motion to dismiss 8 ; petitioner shall show cause within 28 days of the date of this order why he is entitled to a stay of these proceedings; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, clp)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
SEAN WENCLASKY,
Petitioner,

Case No. 2:15-cv-149

v.

HON. ROBERT HOLMES BELL

JEFFREY WOODS,
Respondent.
____________________________________/
ORDER
In accordance with the opinion entered this day:
IT IS ORDERED that Petitioner must show cause within 28 days of the date of this
order why he is entitled to a stay of these proceedings. If Petitioner fails to meet the Rhines
requirements for a stay or fails to timely comply with the Court’s order, the Court will review
only his exhausted claim.
IT IS FURTHER ORDERED that Respondent’s motion to dismiss for failure to
exhaust (ECF No. 8) is DENIED without prejudice.
IT IS FURTHER ORDERED that the R&R (ECF No. 10) is NOT ADOPTED.

Date: October 14, 2016

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE