Stubbs v. Kauffman

Filing 12

ORDER denying petitioner's motion 8 to stay. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/3/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HENRY CHRISTOPHER STUBBS,
III,
Petitioner
v.
KEVIN KAUFFMAN, et al.,
Respondents

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CIVIL NO. 1:18-CV-128
(Chief Judge Conner)

ORDER
AND NOW, this 3rd day of April, 2018, upon consideration of petitioner’s
motion (Doc. 8) to stay, wherein he requests that the court stay its order affording
him the opportunity to have his petition construed and ruled upon under 28 U.S.C.
§ 2254 or to withdraw the petition, (Doc. 5)1, and, upon further consideration of the
election form (Doc. 6) filed by petitioner in which elected to withdraw his habeas
petition with the intent of filing an all-inclusive petition under 28 U.S.C. § 2254, and
the court finding that petitioner complied with the terms of the court order and,
consequently, in accordance with petitioner’s election form, the court issued an
Because construing and ruling upon a petition under 28 U.S.C. § 2254 could
have precluded Stubbs from filing a second or successive petition for writ of habeas
corpus, he was afforded the opportunity to have his petition construed and ruled
upon under section 2254 or to withdraw the petition. (Doc. 5). See 28 U.S.C. §
2244(b) (providing that a “second or successive habeas corpus application” under
section 2254 may be filed only in limited circumstances and with approval of the
court of appeals); United States v. Miller, 197 F.3d 644, 649 (3d Cir. 1999)
(instructing district courts to provide notice to pro se petitioners of potential
ramifications of filing petitions under 28 U.S.C. § 2254); Mason v. Myers, 208 F.3d
414, 417-18 (3d Cir. 2000).
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order (Doc. 7) deeming the habeas petition withdrawn without prejudice, it is
hereby ORDERED that the instant motion (Doc. 8) to stay is DENIED.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania