BAKER v. UNITED STATES OF AMERICA

Filing 37

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)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY GIBRIL BANGURA, Civil Action No. 14-03 70 (PGS) Petitioner, v. : MEMORANDUM ORDER STATE OF NEW JERSEY DEPARTMENT: OF CORRECTIONS, et al., Respondents. This matter has come before the Court on a Petition for Writ of Habeas Corpus by Petitio ner 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 ndents’ answer, they informed the Court that Petitioner’s post-conviction relief (“PCR”) procee ding was still ongoing in the state court. ECF No. 7 at 3. As such, some of Petitioner’s habeas claims have not been exhausted at the time the Petition was filed, so the Petition was a mixed petition as explained in Rhines v. Weber, 544 U.S. 269 (2005). Federal district courts may not adjudicate mixed petitions. Id. at 273. Normally, the Court is directed to dismiss a mixed petition without prejudice, id. at 274, 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 so. 1 IT IS therefore on this / day of____________________________ , 2017, 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. f0Ai )vL Peter G. Sheridan United States District Judge 2

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