Johnson v. Lafler, No. 2:2009cv11373 - Document 9 (E.D. Mich. 2009)

Court Description: OPINION AND ORDER denying 8 Petitioner's Motion to Stay Habeas Corpus Proceedings. Signed by District Judge George Caram Steeh. (MBea)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHRISTIAN JOHNSON, Petitioner, v. Case Number: 09-CV-11373 Honorable George Caram Steeh BLAINE LAFLER, Respondent. / OPINION AND ORDER DENYING PETITIONER S MOTION TO STAY HABEAS CORPUS PROCEEDINGS Petitioner Christian Johnson, a Michigan state inmate currently incarcerated at the Carson City Correctional Facility in Carson City, Michigan, filed a pro se petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, alleging that he is incarcerated in violation of his constitutional rights. Before the Court now is Petitioner s motion requesting that this Court stay his habeas-corpus proceedings until he has had an opportunity to appeal his restitution claims; Petitioner claims that his habeas proceedings should be stayed until he has fully exhausted the trial court s restitution order, dated February 21, 2008. The habeas statute provides that a federal court may entertain a habeas application by a state prisoner only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States. 28 U.S.C. § 2254(a). An order of restitution has no bearing on the validity or duration of a prisoner s custody, and therefore a challenge to the order of restitution is not cognizable under § 2254. Carter v. Smith, No. 06-CV-11927, 2007 WL 325358, at *7 (E.D. Mich. Jan.31, 2007). Because this Court does not have jurisdiction over the state court s order of restitution, or the appeals process of such, a stay of Petitioner s habeas proceedings is not appropriate. Petitioner s motion is therefore denied. Dated: September 29, 2009 S/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on September 29, 2009, by electronic and/or ordinary mail. S/Josephine Chaffee Deputy Clerk 2

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