Opinion
Case No. 3:08cv00244.
September 15, 2010
ORDER
Petitioner is an inmate in state custody at the Allen Correctional Institution due to criminal convictions, and a resulting twelve-year sentence, entered against him in the Miami County, Ohio Court of Common Pleas. His convictions and sentence arose from his no-contest pleas to charges of breaking and entering, theft, possession of drugs, engaging in a pattern of corrupt activity, and conspiracy to engage in a pattern of corrupt activity.
Petitioner seeks a writ of habeas corpus under 28 U.S.C. § 2254. The case is pending on Petitioner's Motion to Stay (Doc. #15) and the record as a whole. Petitioner asserts that a Stay is warranted because he erred in filing his original habeas petition. It is not clear why Petitioner believes he committed an error. See id. Petitioner further notes, "pending in the Ohio Court of Appeals, Second District, Miami County, Ohio, i[s] an appeal of the petitioner's guilty pleas — Ohio Crim. R. 32.1 — by a through Patrick J. Conboy II. . . . Therefore the Court should stay the proceeding indefinitely." Id.
Petitioner is not entitled to an indefinite stay of this case because he has unsuccessfully challenged the validity of his pleas in state court on at least two occasions. See Doc. #7 at 27-29. He provides no particular reason why the existence of his presently ongoing action in the Ohio Court of Appeals would support the issuance of a stay in this case.
Accordingly, the Court hereby DENIES Petitioner's Motion for Stay (Doc. #15), and the instant habeas corpus case remains pending on the docket of this Court.
September 15, 2010