Grayson v. Epps, et al

Filing 149

ORDER denying 145 Motion to Stay Proceedings. Signed by District Judge Carlton W. Reeves on March 31, 2022 (Rushing, Terryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
BLAYDE GRAYSON

PETITIONER

VS.

CIVIL ACTION NO.: 1:04cv708-CWR

LYNN FITCH, Attorney General, State of
Mississippi, BURL CAIN, Commissioner,
Mississippi Department of Corrections, and
TIMOTHY MORRIS, Superintendent,
Mississippi State Penitentiary

RESPONDENTS

ORDER DENYING MOTION TO
STAY STATE COURT PROCEEDINGS
This matter came before the Court on the Petitioner’s Motion to Stay State Court
Proceedings [Doc. #145]. The circumstances that gave rise to this Motion were summarized in
the Court’s earlier Order Order Allowing Access [Doc. #146], but they bear repeating. The basis
for the Motion is the litigation that began in state court when Grayson filed a pro se letter motion
asking that the members of the Mississippi Supreme Court “see that my execution should be
carried out forthwith.” Shortly after, one of the attorneys appointed in this Court to represent
Grayson notified the state court that there was a federal habeas case pending. Grayson’s attorney
asked that his pro se motion be dismissed.
The State filed a response to Grayson’s motion, and moved that the court remand the case
to the county of Grayson’s conviction, so that it could proceed with a determination of Grayson’s
competence to waive his appeals. Grayson’s attorneys responded to the State’s motion,
including a “Notice of Withdrawal of Pro Se Motion to Carry Out Execution Forthwith.” The
Mississippi Supreme Court, after noting that the Notice of Withdrawal did not contain an
affidavit or other written statement from Grayson, remanded the matter to the Circuit Court of
George County, so that Grayson can make a statement on the record as to whether he wishes to

proceed with his pro se motion and waive his appeals. If Grayson affirms his desire to withdraw
his motion, then the Circuit Court is instructed to enter an order to that effect and forward the
order to the Supreme Court. If Grayson indicates that he wishes to proceed with the motion,
then the Circuit Court is to determine whether Grayson is competent to make that decision. The
Circuit Court has set that hearing for April 7, 2022.
It is this Court’s opinion that the State of Mississippi has the authority to dispose of any
proceedings that originate in its Supreme Court, regardless of any speculation as to its motive.
For that reason, Grayson’s Motion will be denied. That being said, however, the Court is
constrained to also note that the result of the April hearing in state court will have no effect on
the status of this case, which, as pointed out in the Court’s earlier Order, is not an appeal, but a
separate civil action. Fay v. Noia, 372 U.S. 391, 423-24 (1963); Hernandez v. Thaler, 630 F.3d
420, 424 n.12 (5th Cir. 2011).
IT IS, THEREFORE, ORDERED that the Petitioner’s Motion to Stay State Court
Proceedings [Doc. #145] is hereby DENIED.
IT IS SO ORDERED, this the 31st day of March, 2022.

s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE

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