Burke v. Lassiter

Filing 7

ORDER ordering that Respondent has 20 days from entrance of this Order to respond to petr's Motion to Hold Federal Habeas Proceedings in Abeyance, Set/Reset Deadlines as to 4 MOTION to Hold Proceedings in Abeyance re 1 Petition for Writ of Habeas Corpus .(Responses due by 10/30/2012). Signed by District Judge Richard Voorhees on October 9, 2012. (cbb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:12cv137
RAYFORD LEWIS BURKE,

)
)
Petitioner,
)
)
v.
)
)
KENNETH E. LASSITER, Warden,
)
Central Prison
)
Raleigh, North Carolina,
)
)
Respondent.
)
____________________________________)

ORDER

THIS MATTER is before the Court upon Petitioner Rayford Lewis Burke’s Motion to
Hold Federal Habeas Proceedings In Abeyance Pending Exhaustion of State Remedies. (Doc.
No. 4.)
Burke filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in this
Court on August 31, 2012. (Doc. No. 1.) He seeks an order staying the proceedings and holding
his Petition in abeyance pending exhaustion of facts and legal issues raised in his Motion for
Appropriate Relief (“MAR”) filed pursuant to the North Carolina Racial Justice Act. (Doc. No.
4.) Burke filed his MAR in the Superior Court of Iredell County on August 6, 2010 and
amended it on August 30, 2012. (Id.) Respondent shall have an opportunity to respond to the
Motion before the Court decides the issue.
IT IS, THEREFORE, ORDERED that Respondent shall have 20 days from the
entrance of this Order to respond to Petitioner’s motion to stay and to hold federal habeas
proceedings in abeyance. (Doc. No. 4).
IT IS FURTHER ORDERED that the Clerk of Court send a copy of this Order, the

Petition for Writ of Habeas Corpus (Doc. No. 1), and the Motion to Hold Federal Habeas
Proceedings In Abeyance Pending Exhaustion of State Remedies (Doc. No. 4) to Barry McNeill
([e-mail]) and Jill Cheek ([e-mail]) in the North Carolina Department of
Justice, Capital Division, Post Office Box 629, Raleigh, NC 27602.
SO ORDERED.
Signed: October 9, 2012

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