Edwards, Albert v. Williams, Louis

Filing 5

ORDER denying 4 motion to hold writ of habeas corpus in abeyance. Signed by District Judge James D. Peterson on 7/20/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ALBERT EDWARDS,
Petitioner,

ORDER

v.

16-cv-462-jdp

LOUIS WILLIAMS,
Respondent.

On July 13, 2016, I denied pro se petitioner Albert Edwards’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241. Dkt. 2. Judgment was entered the same day.
Dkt. 3. Petitioner has now filed a “motion to hold writ of habeas corpus in abeyance,”
essentially asking to stay this case while he files a writ of error coram nobis in an Arkansas
court and while the United States Supreme Court determines whether to grant a petition for
a writ of certiorari in a pending case. Dkt. 4. I will deny petitioner’s motion because there is
nothing to stay—this case is closed. As I explained in my earlier order denying petitioner’s
petition, he must address his Johnson-based arguments to the Seventh Circuit, in an
application for permission to file a second or successive petition under 28 U.S.C. § 2255.
And if the Seventh Circuit grants petitioner’s petition, then he must return to his sentencing
court with a petition under § 2255, not to this court.
Accordingly, IT IS ORDERED that petitioner Albert Edwards’s motion to hold writ of
habeas corpus in abeyance, Dkt. 4, is DENIED
Entered July 20, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge