Starks v. Dittmann

Filing 6

ORDER signed by Judge Rudolph T. Randa on 3/12/2015 DENYING 4 Motion to Stay. Within 60 days Starks to show cause as to why petition should not be dismissed as untimely. (cc: all counsel, via US mail to Tramell Starks at Columbia Correctional Institution) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
TRAMELL E. STARKS,
Petitioner,
-vs-

Case No. 14-C-1564

MICHAEL DITTMANN,
Warden, Columbia Correctional Institution,
Respondent.
DECISION AND ORDER
Tramell Starks petitions this Court for relief under 28 U.S.C. § 2254
and also moves for a stay pending the resolution of unexhausted claims.
The Court will deny the motion to stay because it appears that Starks’
petition is untimely. According to his petition, Starks was convicted in
2007. He pursued post-conviction relief in various forums, but those
motions were not pending long enough to toll the one-year limitations
period. § 2244(d)(2). In particular, there is a lengthy gap between the
denial of Starks’ first motion on February 1, 2010 and the filing of his
second motion on November 20, 2014 (the motion containing unexhausted
claims).
Therefore, Starks’ motion to stay [ECF No. 4] is DENIED. Starks is
ordered to show cause as to why this petition should not be dismissed as

untimely within sixty (60) days of the date of this Order.
Dated at Milwaukee, Wisconsin, this 12th day of March, 2015.
SO ORDERED:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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