Tate v. Pollard

Filing 7

ORDER signed by Judge Rudolph T. Randa on 1/20/2016. 3 Tate's MOTION to Stay GRANTED; Tate to commence state court proceedings within 120 days and return to this Court within 60 days of completing exhaustion. 2 Tate's MOTION for Leave t o Proceed in forma pauperis DENIED as moot. Clerk of Court to CLOSE case for administrative purposes; it can be reopened upon motion by Tate once state court process concluded. (cc: all counsel, via mail to Bobby Tate at Waupun Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BOBBY L. TATE,
Petitioner,
-vs-

Case No. 15-C-1469

WILLIAM POLLARD, Warden,
Waupun Correctional Institution,
Defendant.
DECISION AND ORDER
Bobby Tate moves to hold this petition under 28 U.S.C. § 2254 in
abeyance so he can present unexhausted claims in Wisconsin State Court.
The Court finds that there is good cause for the stay, and the unexhausted
claims are potentially meritorious. Rhines v. Weber, 544 U.S. 269 (2005).
Therefore, Tate’s motion to stay [ECF No. 3] is GRANTED, conditioned
upon Tate commencing state court exhaustion proceedings within 120 days
and returning to this Court within 60 days of completing such exhaustion.
Tate also filed a motion for leave to proceed in forma pauperis, but
then he paid the filing fee, so this motion [ECF No. 2] is DENIED as moot.
Finally, the Clerk of Court is directed to CLOSE this case for
administrative purposes. It can be reopened upon motion by the petitioner
once the state court process has concluded.

Dated at Milwaukee, Wisconsin, this 20th day of January, 2016.
SO ORDERED:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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