Walker v. NH State Prison, Warden

Filing 11

ORDER the stay is lifted, petitioner is to file an amended petition within 30 days of this order 1 Petition for Writ of Habeas Corpus., ( Amended Pleadings due by 8/16/2013.) So Ordered by Magistrate Judge Landya B. McCafferty.(mm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
William J. Walker, Jr.
v.

Civil No. 12-cv-99-PB

Richard M. Gerry, Warden,
New Hampshire State Prison
O R D E R
William J. Walker, Jr. filed a petition for a writ of
habeas corpus (doc. no. 1), pursuant to 28 U.S.C. § 2254,
challenging his state court incest conviction.

On April 4,

2012, the court issued an order (doc. no. 3) staying this action
to enable Walker to return to the state courts to exhaust the
federal claims raised in his habeas petition.

In that order,

the court directed Walker to file reports every ninety days,
advising the court of the status of the state court proceedings.
Walker filed regular status reports (doc. nos. 4-8) in
accordance with the April 4, 2012, order.

On February 13, 2013,

Walker filed a status report (doc. no. 8) advising the court
that the New Hampshire Supreme Court had declined his appeal,
and that he needed 180 days to research his habeas claims and
file an amended habeas petition demonstrating exhaustion, due to
his limited ability to access the prison law library.

On

February 19, 2013, the court issued an order continuing the stay

for ninety days, and directing Walker to file an amended
petition demonstrating exhaustion, or to file a motion
demonstrating good cause for further extension of the stay,
within ninety days.
On May 17, 2013, Walker filed a motion (doc. no. 9)
requesting an additional ninety days to prepare his amended
habeas petition.

On May 20, 2013, the court continued the stay

in this matter for thirty days upon finding that Walker’s
assertions about limited law library access did not warrant a
longer continuance.

The court further warned Walker that his

failure to file an amended petition could result in a
recommendation that the petition be dismissed without prejudice
for failure to demonstrate exhaustion of his state court
remedies.

See Order (doc. no. 10).

Walker’s amended petition was due on June 19, 2013.
has not filed an amended petition.
seeking a further extension.
lifts the stay.

Walker

Nor has he filed any motion

Accordingly, the court hereby

Within thirty days of the date of this order,

Walker must either file an amended habeas petition, or show
cause why his petition should not be dismissed, pursuant to 28
U.S.C. § 2254(b), for failure to demonstrate exhaustion.

Walker

should note that if this court dismisses his petition at this
time, the statute of limitations is likely to be deemed to have
expired on his claims, see 28 U.S.C. § 2244(d), precluding him
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from obtaining federal habeas relief on any of his claims in the
future.
Conclusion
For the foregoing reasons, the court lifts the stay in
this action.

Walker is directed to file an amended habeas

petition, within thirty days of the date of this order,
that:
1.
identifies each federal constitutional claim
that Walker intends to pursue in this action;
2.

states facts supporting each claim; and

3.
demonstrates that each federal claim has
been exhausted in the state courts. This
demonstration may be made by filing the briefs,
motions, decisions, and any other documents that
show that the federal claims in this matter have
been presented to the New Hampshire Supreme Court
for consideration.
Walker’s failure to file an amended petition demonstrating
exhaustion, as directed, without good cause shown therefor, will
result in a recommendation that the petition be dismissed
without prejudice, pursuant to 28 U.S.C. § 2254(b).
SO ORDERED.

______________________________
Landya B. McCafferty
United States Magistrate Judge
July 17, 2013
cc: William J. Walker, Jr., pro se
LBM:jba

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