Ohlinger, John v. Meisner, Michael

Filing 93

ORDER denying 91 Motion for Reconsideration. Signed by District Judge William M. Conley on 4/15/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JOHN DAVID OHLINGER,
Petitioner,

ORDER

v.
11-cv- 799-wmc
MARC CLEMENTS, Warden,
Dodge Correctional Institution,
Respondent.

On November 30, 2011, state inmate John David Ohlinger filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254, challenging a judgment of conviction in Racine
County Case No. 02CF224. On August 22, 2012, the court granted Ohlinger's motion to
stay and abate this case so that he could exhaust available state court remedies with respect to
some of his claims for relief.

On November 13, 2013, the court reinstated this case and

granted Ohlinger leave to file a supplemental petition, which he submitted on December 23,
2013.

See Dkt. # 11, Petition for Writ

of Habeas

Corpus Pursuant to 28 U.S.C. 2254 [and]

Supplemental Memorandum. On January 15, 2015, the court denied Ohlinger's request for a

second stay to return to state court.

Ohlinger has now filed a motion to reconsider that

request. For reasons stated previously, Ohlinger has not established the requisite good cause
to allow a stay. Rhines v. Weber, 544 U.S. 269, 277 (2005). Ohlinger does not otherwise
meet the criteria for another stay. Under these circumstances, his motion, which is construed
as a third request for a stay, must be denied.
ORDER
IT IS ORDERED that petitioner John David Ohlinger's motion for reconsideration

requesting a stay in this habeas proceeding (dkt. # 91) is DENIED.
Entered this 15th day of April, 2015.
BY THE COURT:

/s/
WILLIAM M. CONLEY
District Judge

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