Laster v. Pollard

Filing 12

ORDER DISMISSING CASE re 1 Petition for Writ of Habeas Corpus filed by Desmond Laster (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DESMOND LASTER,
Petitioner,
v.

Case No. 14-C-365

WILLIAM J. POLLARD,
Respondent.

ORDER DISMISSING CASE

On March 31, 2014, Petitioner Desmond Laster, an inmate confined in Waupun Correctional
Institution, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his
conviction in Milwaukee County Case No. 2010CF1004. Laster simultaneously filed a motion to
stay the case so that he could exhaust a claim he sought to add to his petition. The court granted
Laster’s motion to stay and directed him to file a motion for post-conviction relief, which he did.
More than five years later, on July 8, 2019, the court noted that Laster’s post-conviction motion was
denied in the circuit court, that the denial was affirmed by the Wisconsin Court of Appeals, and that
the Wisconsin Supreme Court denied his petition for review on June 11, 2019. The court directed
Laster to move the court to lift the stay in this case or to advise why he has not so moved within
twenty-one days. To date, Laster has done neither. In accordance with the court’s previous order,
which warned that Laster’s failure to timely comply would result in dismissal for failure to
prosecute, the court hereby dismisses this case without prejudice. See Civil L.R. 41(c).
SO ORDERED this 6th day of August, 2019.
s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court