Johnson #236397 v. Woods
ORDER ADOPTING REPORT AND RECOMMENDATION 18 re 14 : Respondent's Motion 14 is DENIED; Petitioner to show cause within 28 days; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
MARK ANTHONY JOHNSON,
Case No. 2:16-CV-16
HON. GORDON J. QUIST
REPORT AND RECOMMENDATION
The Court has reviewed Magistrate Judge Timothy Greeley’s December 13, 2016, Report
and Recommendation recommending that Respondent’s motion to dismiss be denied and that the
Court order Petitioner to show cause why he is entitled to a stay of these proceedings. The Report
and Recommendation was duly served on the parties on December 13, 2016. No objections have
been filed pursuant to 28 U.S.C. § 636(b). Therefore the Court will adopt the Report and
THEREFORE, IT IS HEREBY ORDERED that the December 13, 2016, Report and
Recommendation (ECF No. 18) is approved and adopted as the Opinion of the Court, and
Respondent’s Motion to Dismiss (ECF No. 14) is DENIED.
IT IS FURTHER ORDERED that within twenty-eight (28) days of the date of this Order,
Petitioner shall show cause why he is entitled to a stay of these proceedings in order to exhaust his
unexhausted claims in state court. Petitioner must show: (1) good cause for failing to exhaust prior
to filing his habeas petition; (2) that his unexhausted claims are not plainly meritless; and (3) that
he has engaged in intentionally dilatory litigation tactics.
If Petitioner fails to make the required showing or fails to file a timely response to this
Order, the Court will review only Petitioner’s exhausted claims (Claims I and II). Alternatively,
Petitioner may file an amended petition setting forth only his exhausted claims.
Dated: January 6, 2017
/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE
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