BAKER v. UNITED STATES OF AMERICA
MEMORANDUM ORDER that within thirty (30) days of this Order, Petitioner shall show cause as to why the Petition should not be dismissed as mixed; in the alternative, Petitioner may file a motion to stay with supporting arguments on why a stay is warranted. The Clerk shall serve a copy of this Order upon Petitioner by regular mail. Signed by Judge Peter G. Sheridan on 7/13/2017. (mps)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 14-03 70 (PGS)
STATE OF NEW JERSEY DEPARTMENT:
OF CORRECTIONS, et al.,
This matter has come before the Court on a Petition for Writ of Habeas Corpus by Petitio
Gibril Bangura pursuant to 28 U.S.C.
§ 2254. The Court ordered an answer on June 12, 2014,
ECF No. 5, and Respondents filed an answer on July 22, 2014, ECF Nos. 7-12. In Respo
answer, they informed the Court that Petitioner’s post-conviction relief (“PCR”) procee
still ongoing in the state court. ECF No. 7 at 3. As such, some of Petitioner’s habeas
not been exhausted at the time the Petition was filed, so the Petition was a mixed
explained in Rhines v. Weber, 544 U.S. 269 (2005). Federal district courts may
mixed petitions. Id. at 273.
Normally, the Court is directed to dismiss a mixed petition without prejudice, id. at
but a stay and abeyance may be appropriate when a dismissal without prejud
ice would cause
Petitioner to run afoul of the habeas statute of limitations, and lose his opportunity
to seek federal
habeas review. See Id. at 275-76. Accordingly, the Court directs Petitioner to show
cause as to
why the Petition should not be dismissed as mixed or, if he desires a stay, file
a motion seeking
IT IS therefore on this
ORDERED that within thirty (30) days of this Order, Petitioner shall show cause as to
why the Petition should not be dismissed as mixed; in the alternative, Petitioner may file a motion
to stay with supporting arguments on why a stay is warranted; and it is further
ORDERED that the Clerk shall serve a copy of this Order upon Petitioner by regular mail.
Peter G. Sheridan
United States District Judge
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