Kramer v. Schweitzer

Filing 4

Order of Dismissal signed by Judge James S. Gwin on 10/23/17. This action is dismissed without prejudice pending exhaustion of petitioner's state court remedies. Petitioner may file a Motion to Reopen in this case, with equitable tolling of the statute of limitations for the period during which petitioner's postconviction and related appeals are pending, upon exhaustion of his state court remedies. (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
ROBERT RAY KRAMER,
Petitioner,
v.
WARDEN TOM SCHWEITZER,
Respondent.

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CASE NO. 3:17 CV 2181
JUDGE JAMES S. GWIN
ORDER OF DISMISSAL

Robert R. Kramer filed this habeas corpus action on October 16, 2017. On the same day,
he filed a Motion to Hold in Abeyance Proceedings, indicating he has a postconviction motion
pending in the state court, and that he seeks to raise issues in the instant action related to that
postconviction motion.
This action is dismissed without prejudice pending exhaustion of Mr. Kramer’s state
court remedies. Petitioner may file a Motion to Reopen in this case, with equitable tolling of the
statute of limitations1 for the period during which his postconviction and related appeals are
pending, upon exhaustion of his state court remedies. See, Hargrove v. Brigano, 300 F.3d 717,
720 (6th Cir. 2002).
IT IS SO ORDERED.

Dated: October 23, 2017

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See 28 U.S.C. § 2244(d).

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE