Butsinas v. Warren, No. 4:2019cv11789 - Document 5 (E.D. Mich. 2020)
Court Description: OPINION AND ORDER Holding in Abeyance the 1 Petition for Writ of Habeas Corpus and Administratively Closing Case. Signed by District Judge Matthew F. Leitman. (HMon)
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Butsinas v. Warren Doc. 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN BUTSINAS, Petitioner, Civil No. 4:19-cv-11789 Hon. Matthew F. Leitman v. PAT WARREN, Respondent. ____________________________________________________________________/ OPINION AND ORDER HOLDING IN ABEYANCE THE PETITION FOR WRIT OF HABEAS CORPUS AND ADMINISTRATIVELY CLOSING CASE John Butsinas, (“Petitioner”), filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state court conviction. Respondent filed a motion to hold the petition in abeyance during the pendency of petitioner’s appeal from his resentencing. Petitioner’s attorney concurs with the request. The Court holds the petition in abeyance during the pendency of petitioner’s appeal from the re-sentencing. This tolling is conditioned upon petitioner moving to reopen the case within ninety days after the completion of any re-sentencing appeal in the Michigan appellate courts. Hargrove v. Brigano, 300 F.3d 717, 721 (6th Cir. 2002). The Court administratively closes the case for statistical purposes. /s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: January 9, 2020 1 Dockets.Justia.com I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 9, 2020, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764 2
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