Opinion
3:18CV174-NBB-DAS 3:20CV75-DMB-RP
07-09-2021
JIMMY T. BROWN PETITIONER v. WARDEN JOSH DAVIS RESPONDENT JIMMY T. BROWN PETITIONER v. WARDEN JOSH DAVIS RESPONDENT
ORDER HOLDING CASE IN ABEYANCE
NEAL B. BIGGERS SENIOR U.S. DISTRICT JUDGE
In accordance with the memorandum opinion issued today, the instant petition for a writ of habeas corpus is STAYED and HELD IN ABEYANCE to give the petitioner the opportunity to exhaust his state remedies:
(1) If he chooses, the petitioner may initiate the process to properly present these claims to the Mississippi Supreme Court within 60 days from the date of this order.
(2) The petitioner must file a notice with the court on or before that deadline informing the court whether he intends to seek relief in state court and - if he is pursuing postconviction relief - the status of the proceedings.
(3) If the petitioner does not file a timely notice with the court, then the instant case will be dismissed without prejudice for failure to exhaust state remedies.
SO ORDERED.