Lynch v. Humphreys

Filing 32

ORDER signed by Magistrate Judge William E Duffin granting Motions to Stay Proceedings and Motions to Hold Petition in Abeyance (ECF Nos 28 , 30 ). (See Order for deadlines and details) (cc: all counsel) (asc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
PATRICK GERARD LYNCH,
Petitioner,
v.

Case No. 15-CV-692

ROBERT HUMPRHEYS,
Respondent.
ORDER
Currently before the court is the motion of Patrick Gerard Lynch to stay these
proceedings and hold his petition in abeyance while he returns to state court to present
a new claim for ineffective assistance of counsel. (ECF Nos. 28, 30.) The respondent does
not object to this request. (ECF No. 31.)
Therefore, the motions to stay these proceedings and hold the petition in
abeyance (ECF Nos. 28, 30) are granted. If he has not already done so, within 45 days of
the date of this order Lynch shall initiate proceedings in state court to present each
additional claim he has not yet presented to the state court.
Within 45 days of exhausting his remedies in state court or the expiration of time
to seek further review of his claim, Lynch shall notify this court and state whether he

wishes to proceed with his present petition. Failure to comply with these deadlines
may result in the dismissal of the present petition.
For administrative and statistical purposes, the Clerk shall close this case. The
case will be reopened upon Lynch timely informing the court that he wishes to proceed
with the present petition.
SO ORDERED.
Dated at Milwaukee, Wisconsin this 26th day of May, 2016.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge

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