Hendrix v. Warden, Lebanon Correctional Insititution

Filing 20

ORDER granting Petitioner's 18 Motion to Reinstate Habeas Action. Signed by Judge Timothy S. Black on 4/2/2020. (rrs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
D’JANGO HENDRIX
Petitioner,
vs.
WARDEN, LEBANON
CORRECTIONAL INSTITUTION,
Respondent.

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Case No. 1:17-cv-623
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

ORDER GRANTING PETITIONER’S MOTION
TO REINSTATE HABEAS ACTION (Doc. 18)
The matter is before the Court on petitioner’s motion to reinstate this habeas
corpus action (Doc. 18), which was administratively stayed and terminated on the Court’s
active docket in September 2018, while petitioner exhausted his state court remedies.
(See Docs. 14, 15). Respondent opposes the motion on the ground that petitioner did not
file it within thirty days after exhausting his state court remedies, as directed by the stay
order. (Doc. 19).
It appears from the present record that petitioner has now exhausted all available
state court remedies. Although petitioner did not file the motion to reinstate his case
within thirty days after exhausting his state court remedies, petitioner provided the Court
with an update during the stay and there appears to be no intentional delay on his part.
Petitioner’s motion for reinstatement of the petition (Doc. 18) is hereby GRANTED.
The Order entered on September 5, 2018 administratively staying the action and

terminating the case on the Court’s active docket (Doc. 15) is hereby VACATED.
It is FURTHER ORDERED that respondent shall file an answer conforming to
the requirements of Rule 5 of the Rules Governing § 2254 Cases within sixty (60) days of
the date of this Order.

IT IS SO ORDERED.
s/Timothy S. Black

Date: 4/2/2020

Timothy S. Black
United States District Judge

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