Wright v. Keller

Filing 21

ORDER granting 20 Motion to to Abandon Unexhausted Claims and Relief from Judgment According to Federal Rule of Civil Procedure 60(b). This case is reopened and Petitioner's unexhausted claims are dismissed. Signed by Chief Judge Robert J. Conrad, Jr on 12/15/11. (Pro se litigant served by US Mail.)(gpb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-341-RJC
LOY ALEXANDER WRIGHT,

)
)
Petitioner,
)
)
v.
)
)
ALVIN KELLER,
)
)
Respondent.
)
____________________________________)

ORDER

THIS MATTER is before the Court on Petitioner’s “Post-Judgment Motion to Abandon
Unexhausted Claims and Relief from Judgment According to Federal Rule of Civil Procedure
60(b).” (Doc. No. 20). On November 18, 2011, the Court dismissed Petitioner’s habeas petition
because it contained both exhausted and unexhausted claims. (Doc. No. 15); see also Rose v.
Lundy, 455 U.S. 509 (1982) (requiring dismissal of such petitions to allow petitioner to exhaust
claims in state court). But see Rhines v. Weber, 544 U.S. 269 (2005) (allowing court to retain
case and stay while petitioner exhausts state claims in rare circumstances). In doing so,
however, the Court stated that “[i]n the event Petitioner would rather abandon his unexhausted
claims, he may inform the Court of that desire through a motion for relief from judgment in
accordance with the Federal Rule of Civil Procedure 60(b).” Petitioner has accepted this offer.
(Doc. No. 20). He asks to reopen his case and pursue only his exhausted claims. (Id.). The
Court GRANTS Petitioner’s motion.
IT IS, THEREFORE, ORDERED that Petitioner’s motion, (Doc. No. 20), is
GRANTED, his case shall be reopened, and his unexhausted claims, see (Doc. Nos. 14; 15 at 3),
are DISMISSED.

Signed: December 15, 2011

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