Full title: LINDA KAY STERMER, Petitioner, v. MILLICENT WARREN, Respondent.
Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Date published: Dec 10, 2012
Facts
This is a habeas corpus case filed by a state prisoner under 28 U.S.C. § 2254. Michigan prisoner Linda Kay Stermer is incarcerated by the Michigan Department of Corrections, currently housed at the Huron Valley Women’s Correctional Facility in Ypsilanti, Michigan, where she is serving a life sentence for the murder of her husband, Todd Stermer, on January 7, 2007. Petitioner was convicted on January 13, 2010, following a six-day jury trial in the Circuit Court in Van Buren County, Michigan. She was sentenced on February 8, 2010. The state appellate courts affirmed her conviction and sentence. People v. Stermer, No. 297057, 2011 WL 2507848, at *1, 4 (Mich. Ct. App. June 23, 2011); People v. Stermer, 490 Mich. 913, 805 N.W.2d 434
Issue
Court Judgment
Accordingly, it is ORDERED that the petition for writ of habeas corpus be held in abeyance pending exhaustion of the petitioner’s claim. The petitioner shall file a motion for relief from judgment in state court within sixty days from the date of this order and a motion to lift the stay and amended petition in this Court within sixty days after the conclusion of the state-court proceedings.
To avoid administrative difficulties, the Court orders the Clerk of Court to close this case for statistical purposes only. Nothing in this order or the related docket entry shall be considered a dismissal or disposition of this matter.
It is further ORDERED that upon receipt of a motion to reinstate the habeas petition following exhaustion of state remedies, the Court may order the Clerk to reopen this case for statistical purposes.
Given the Court’s decision, is it further ORDERED that Respondent’s “Motion for Extension of Time to File Response/Reply” [ECF No. 9] is DENIED as moot?
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