Duram v. Howard

Full title: GLENNA MARY DURAM, Petitioner, v. JEREMY HOWARD, Respondent

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Mar 22, 2021

Facts

Petitioner was convicted following a jury trial in the Newaygo County Circuit Court. Petitioner’s conviction was affirmed on appeal. People vDuram, No.  340486, 2019 WL 1924935 (Mich. Ct. App. Apr. 30, 2019), lvden. 505 Mich. 941, 936 N.W.2d 306 (2019).

On December 21, 2020, Petitioner filed her application for a writ of habeas corpus. Petitioner seeks habeas relief on the claim that she raised in the state courts on her direct appeal.

Issue

Decision

IT IS HEREBY ORDERED that the proceedings are STAYED. The Court holds the habeas petition in abeyance. Petitioner must file a motion for relief from judgment in state court within sixty days of receipt of this order. She shall notify this Court in writing that such motion papers have been filed in state court. If she fails to file a motion or notify the Court that he has done so, the Court will lift the stay and will reinstate the original petition for writ of habeas corpus to the Court’s active docket and will proceed to adjudicate only the claim that was raised in the original petition. After Petitioner fully exhausts her new claims, she shall file an amended petition that includes the new claims within sixty days after the conclusion of her state court post-conviction proceedings, along with a motion to lift the stay. Failure to do so will result in the Court lifting the stay and adjudicating the merits of the claims raised in the original habeas petition.

To avoid administrative difficulties, the Court ORDERS the Clerk of Court to CLOSE this case for statistical purposes only. Nothing in this order or in the related docket entry shall be considered a dismissal or disposition of this matter. See Thomas89 F. Supp. 3d at 943-944.

It is further ORDERED that upon receipt of a motion to reinstate the habeas petition following exhaustion of state remedies, the Court will order the Clerk to reopen this case for statistical purposes.

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