Oswald v. Dittman

Filing 5

ORDER STAYING case pending exhaustion of claims in state court; signed by Judge William C Griesbach on 10/05/2011. (cc: all counsel, via US mail to Daniel Oswald)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DANIEL OSWALD,
Petitioner
v.

Case No. 11-C-671

MICHAEL DITTMAN,
Respondent.

ORDER

Petitioner Daniel Oswald has filed a petition seeking habeas corpus relief under 28 U.S.C.
§ 2254. According to the petition, one week prior to filing this action he filed a motion in state
court under Wis. Stat. § 974.06. That action was still pending at the time this petition was filed.
The state action appears to raise the same grounds that are raised in this petition, and accordingly
it appears that the issues raised here are not yet ripe for review.
Although it is not perfectly clear from the petition, it appears that the one-year deadline
under 28 U.S.C. § 2244(d) may be close to expiration. Therefore, to avoid the possibility that the
petition will be barred by the statute of limitations, I will stay the petition rather than dismiss it.
Petitioner is directed to inform the Court when his claims have been fully exhausted in the state
courts. This action is STAYED pending exhaustion of claims in state court.
SO ORDERED this

5th

day of October, 2011.
s/ William C. Griesbach
William C. Griesbach
United States District Judge