Stewart v. Bowersox
| Curtis Stewart |
| Michael S. Bowersox |
| 4:2016cv01240 |
| July 29, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Audrey G. Fleissig |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
35
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's Motion for Extension of Time (Doc. No. 34 ) is GRANTED in part. Petitioner shall file with the Court a memorandum proving the exhaustion of his state claims within thirty (30) days of this Order. The memorandum shall : (1) set out that he filed his state habeas case pursuant to Missouri Supreme Court Rule 91; (2) list the claims of relief he pursed in the case; (3) provide the docket number of the case; and (4) have attached a copy of the court's ruling in the case. Respondent shall file a response regarding exhaustion within thirty (30) days after Petitioner files his memorandum. IT IS FURTHER ORDERED that, to the extent Petitioner is asking for an extension to file something other than proof of exhaustion, he shall file a motion with the Court explaining what he seeks to file within thirty (30) days of this Order. If Petitioner does not wish to file anything other than proof of his exhaustion, then he does not need to file anything else. IT IS FURTHER ORDERED that if Petitioner is asserting he is unable to obtain stamps or paper that he should provide the Court with his prison account statement along with an explanation as to why the amount of funds he has is insufficient within twenty-one (21)days of this Order. Upon receipt of this information, the Court will determine what (ifany) Court-ordered remedy is necessary. Signed by District Judge Audrey G. Fleissig on 6/3/2020. (AFC)
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Filing
28
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's motion to dismiss counsel is GRANTED. ECF No. 25 . IT IS FURTHER ORDERED that appointed counsels motion to withdraw is GRANTED. ECF No. 27 . After Petitioner has exhausted his state court remedies, he may move for reappointment of counsel in federal court. Attorney Robert Herman terminated. Signed by District Judge Audrey G. Fleissig on 7/8/2019. (AFC)
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Filing
26
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's motion to stay is DENIED as moot. ECF No. 24 . IT IS FURTHER ORDERED that Petitioner must pursue his state court remedies within 30 days of this Order, and return to federal court w ithin 30 days after state court exhaustion is completed. IT IS FURTHER ORDERED that on or before July 10, 2019, appointed counsel shall file a response, ex parte and under seal, to Petitioners motion to dismiss appointed counsel. ECF No. 25 . Signed by District Judge Audrey G. Fleissig on 6/28/2019. (AFC)
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Filing
23
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this action is STAYED until Petitioner Curtis Stewart exhausts his state court remedies. Stewart must pursue state court remedies within 30 days after this stay is entered and return to federal court within 30 days after state court exhaustion is completed. IT IS FURTHER ORDERED that the Clerk of Court shall administratively close this case pending further Order by the Court. Signed by District Judge Audrey G. Fleissig on 5/20/2019. (AFC)
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| Petitioner: Curtis Stewart | |
| Represented By: | Susan S. Kister |
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| Respondent: Michael S. Bowersox | |
| Represented By: | Caroline M. Coulter |
| Represented By: | Stephen D. Hawke |
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