Tucker v. Houston et al

Filing 23

MEMORANDUM AND ORDER - Tucker's Motion to Stay Pending Exhaustion of State Remedies (filing no. 21 ) is denied. The respondents' Objection to Stay (filing no. 22 ) is sustained. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DWIGHT L. TUCKER,

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Petitioner,
v.
ROBERT HOUSTON, et al.,
Respondents.

8:11CV445

MEMORANDUM
AND ORDER ON MOTION TO STAY
PENDING EXHAUSTION ON STATE
REMEDIES

This matter is before me on the Motion to Stay Pending Exhaustion on State Remedies, filed
by the petitioner, Dwight L. Tucker. (Filing No. 21.) Tucker asks me to stay this matter so that he
may exhaust his state remedies. (Id.) The respondents object, stating that Tucker’s Petition Under
28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody is not a mixed petition
containing exhausted and unexhausted claims and there are no state court remedies available for
Tucker to relitigate his claims. (Filing No. 22 at CM/ECF pp. 1-2.) Tucker’s motion to stay has
been carefully reviewed and I conclude that there is no basis upon which to grant a stay.
IT IS THEREFORE ORDERED that:
1.

Tucker’s Motion to Stay Pending Exhaustion of State Remedies (filing no. 21) is
denied; and

2.

the respondents’ Objection to Stay (filing no. 22) is sustained.

Dated April 30, 2012.
BY THE COURT

Warren K. Urbom
United States Senior District Judge