Thompson v. Warden, Warren Correctional Institution

Filing 5

ORDER DENYING MOTION FOR STAY 4 WITHOUT PREJUDICE. Signed by Magistrate Judge Michael R. Merz on 4/18/2018. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
CRAIG A. THOMPSON,
Petitioner,

:

- vs -

Case No. 3:18-cv-117
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

CHAE HARRIS, Warden,
Warren Correctional Institution
:
Respondent.

ORDER DENYING MOTION FOR STAY WITHOUT PREJUDICE

This habeas corpus case is before the Court on Petitioner’s Request for Stay in Abeyance
(ECF No. 4). The Request is based on Thompson’s concession that his Petition is “mixed,” in that
Grounds Seven and Eight are still pending in the Second District Court of Appeals, presumably
on appeal from denial of a petition for post-conviction relief.
At this point in time the Request is premature. When the state court record is filed along
with the return of writ, the Court will be better able to assess Grounds Seven and Eight to determine
if a stay is warranted. It may also happen that the Respondent decides to waive the exhaustion
defense.
For these reasons, the Request for Stay is DENIED without prejudice to its renewal after
the state court record and return of writ are filed.
April 18, 2018.
s/ Michael R. Merz
United States Magistrate Judge
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