Brown v. State of New Hampshire

Filing 4

ORDER extending the time for petitioner to file for sixty days 1 Petition for Writ of Habeas Corpus. Signed by Magistrate Judge James R. Muirhead. (vln)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Bryan Brown v. State of New Hampshire Civil No. 09-cv-139-SM

ORDER

Petitioner has filed a motion to stay proceedings or for an extension of time, but as of this date has not filed a petition for writ of habeas corpus. nothing to "stay." Until a petition is filed, there is

It is clear that a substantial part of the

one year statute to file expired by the time of the March 31st filing in the Strafford County Superior Court, and that absent a stay, there is a risk that petitioner could miss the deadline after the Supreme Court rules. The time to file the petition is extended sixty days and the action is and will remain stayed until petitioner's Supreme Court appeal is determined. Petitioner should file his Supreme Court

appeal and specifically raise the federal nature of his claims in that court. He is also directed to file a petition in this case

identifying the federal claims he is making. petition will then be stayed here.

As indicated, that

At least every 90 days,

petitioner is ordered to advise this court of the status of his Supreme Court case. He is also to notify this court of the

Supreme Court decision. SO ORDERED. ____________________________________ James R. Muirhead United States Magistrate Judge Date: May 28, 2009 cc: Bryan Brown, pro se

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