Marshall v. State of Wisconsin

Filing 18

ORDER STAYING CASE signed by Chief Judge William C Griesbach on 06/03/2013 denying 15 Motion for Order AND granting 16 Motion to Stay. Petitioner is directed to alert the Court at such time as his claim has been exhausted or to file a status report with this Court on December 1, 2013, whichever comes first. The motion to grant the petition is DENIED. The answer was timely filed. SEE ORDER FOR FULL DETAIL. (cc: all counsel by efile; Marshall by U.S. Mail) (Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

DAVID MARSHALL,
Petitioner,
v.

Case No. 13-C-0111

STATE OF WISCONSIN,
Respondent.

ORDER STAYING CASE

On January 30, 2013, David Marshall filed this petition pursuant to 28 U.S.C. § 2254,
asserting that his state court conviction and sentence were imposed in violation of the Constitution.
This Court screened the petition and allowed it to proceed. Respondent filed an answer, noting that
one of Petitioner’s claims had not been exhausted in the state courts. In response, the Petitioner
filed a motion asking to stay this petition while he returns to state court to pursue his unexhausted
claim.
The motion to stay is GRANTED. The case will be stayed pending exhaustion of the
unexhausted claim. Petitioner is directed to alert the Court at such time as his claim has been
exhausted or to file a status report with this Court on December 1, 2013, whichever comes first.
The motion to grant the petition is DENIED. The answer was timely filed.
SO ORDERED this

3rd

day of June, 2013.

s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court