Marion v. Woods, No. 2:2012cv13127 - Document 98 (E.D. Mich. 2022)

Court Description: ORDER Acknowledging 97 Petitioner's Compliance with the Opinion and Order Staying the Petition for Writ of Habeas Corpus. Signed by District Judge Victoria A. Roberts. (LVer)

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Marion v. Woods Doc. 98 Case 2:12-cv-13127-VAR-LJM ECF No. 98, PageID.2517 Filed 05/18/22 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ALLEN MARION, Petitioner, v. Civil No. 2:12-CV-13127 HONORABLE VICTORIA A. ROBERTS UNITED STATES DISTRICT JUDGE JEFFREY WOODS, Respondent, ____________________________________/ ORDER ACKNOWLEDING PETITIONER’S COMPLIANCE WITH THE OPINION AND ORDER STAYING THE PETITION FOR WRIT OF HABEAS CORPUS On November 19, 2021, this Court held the petition in abeyance and administratively closed the case so that Petitioner could return to the state courts to exhaust an additional claim contained in his amended petition. The stay was conditioned on Petitioner filing his post-conviction motion for relief from judgment within ninety days of the court’s order and informing the Court that the motion had been filed with the state court. Marion v. Woods, No. 2:12-CV-13127, 2021 WL 5416228 (E.D. Mich. Nov. 19, 2021). Petitioner filed a notice indicating that he complied with the terms of the stay order by timely filing his motion for relief from judgment with the state court. (ECF No. 97). This Court acknowledges Petitioner’s compliance with the stay order and will continue the stay. 1 Dockets.Justia.com Case 2:12-cv-13127-VAR-LJM ECF No. 98, PageID.2518 Filed 05/18/22 Page 2 of 2 If Petitioner does not obtain relief in the state courts, he shall file a motion to lift the stay using the same caption and case number within ninety (90) days after the conclusion of the state court post-conviction proceedings. Dated: 5/18/2022 s/ Victoria A. Roberts HON. VICTORIA A. ROBERTS UNITED STATES DISTRICT JUDGE 2

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