SMITH v. WARDEN et al
| JOHN SMITH |
| ATTORNEY GENERAL OF THE STATE OF INDIANA and WARDEN |
| 4:2018cv00051 |
| March 26, 2018 |
| US District Court for the Southern District of Indiana |
| New Albany Office |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
29
ORDER GRANTING MOTION TO PLACE THE MOVANT'S 28 U.S.C. § 2254 PETITION AND PROCEEDINGS IN ABEYANCE, DENYING MOTION TO DISMISS, AND STAYING THE ACTION - 17 Motion to Place the Movant's 28 U.S.C. 2254 Petition and Proceedings in Abeya nce is GRANTED. 20 Motion to Dismiss is DENIED. The instant petition is STAYED pending exhaustion of petitioner's state remedies with the following conditions: (1) respondent Attorney General of the State of Indiana shall provide a status up date every 90 days describing the procedural posture of Mr. Smith's pending petition for post-conviction relief in No. 15D02-1808-PC-000011 and of any change from the preceding status update; and (2) after completely exhausting his state court r emedies, Mr. Smith has 90 days from the date of the last order from the state courts in which to file a motion in this Court to lift the stay. The clerk is directed to administratively close this case, subject to re-opening by petitioner upon the filing of his motion to lift the stay. See Order for details. Signed by Judge Tanya Walton Pratt on 8/29/2018 (copy mailed to petitioner). (LBT)
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