Johnson v. Warden Ohio State Penitentiary

Filing 65

OPINION AND ORDER granting 56 Petitioner's motion to expand the record. The Court ORDERS that the instant petition be STAYED and the proceedings held in ABEYANCE, pending Petitioner's exhaustion of his new claims in the state courts. T he Court FURTHER ORDERS: Petitioner SHALL INITIATE proceedings in the state courts within 45 days of the date of this order; the parties SHALL FILE in this Court a joint status report every 90 days; and Petitioner SHALL SEEK reinstatement of this ca se on the Court's active docket within 30 days of fully exhausting his state court remedies. The Court DENIES as unnecessary and premature Petitioner's request to brief the issue of whether the AEDPA even applies to the affected claims 62 at 3. Signed by Judge Edmund A Sargus on 02/27/2012. (dh1)

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