Brown v. Russell

Filing 15

MEMORANDUM AND ORDER re: 14 IT IS HEREBY ORDERED that Petitioner's Motion to Quash Stay-And-Abeyance Procedure (Doc. 14 ) is GRANTED. Petitioners Motion entitled, Stay-And-Abeyance Procedure (Doc. 13 ) is hereby withdrawn. Signed by District Judge John A. Ross on 5/6/15. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
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DERAUGHN BROWN,
Petitioner,
v.
TROY STEELE1,
Respondent.

No. 4:13-cv-01515-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner Deraughn Brown’s Motion to Quash StayAnd-Abeyance Procedure (Doc. 14). Petitioner requests that the Court quash his previously filed
Motion entitled “Stay-And-Abeyance Procedure” in which Petitioner requested the Court stay
the current proceedings to permit him to raise his unexhausted claims in state court (Doc. 13).
Petitioner now asserts that it would be futile to raise his claims in state court. The Court
construes Brown’s Motion to Quash as a Motion to Withdraw his prior Motion.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s Motion to Quash Stay-And-Abeyance
Procedure (Doc. 14) is GRANTED. Petitioner’s Motion entitled, “Stay-And-Abeyance
Procedure” (Doc. 13) is hereby withdrawn.
Dated this 6th day of May, 2015.
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
1

Petitioner is currently incarcerated at Eastern Reception, Diagnostic and Correctional Center
(“ERDCC”) in Bonne Terre, Missouri. Troy Steele is the current Warden and proper party
respondent. See 28 U.S.C. § 2254, Rule 2(a).