Opinion
CASE NO. 2:10-cv-10048
07-23-2012
THEODORE LEE LAWTON, Petitioner, v. NICK LUDWICK, Respondent.
HONORABLE GEORGE CARAM STEEH
ORDER GRANTING PETITIONER'S MOTION TO RE-OPEN THIS CASE AND
DIRECTING RESPONDENT TO FILE AN ANSWER TO THE AMENDED PETITION
On January 6, 2010, petitioner Theodore Lee Lawton initiated this action by filing a pro se petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254. After respondent Nick Ludwick filed an answer to the petition, petitioner moved to hold his case in abeyance while he exhausted additional state remedies for a new claim that his right to a public trial was violated. On September 30, 2010, the Court granted petitioner's request and closed this case for administrative purposes. The Court conditioned its stay on petitioner filing a motion for relief from judgment in the trial court within sixty days of the Court's order. The stay was further conditioned on petitioner filing an amended habeas corpus petition and a motion to re-open this case within sixty days of exhausting state remedies for his new claim.
Pending before the Court are petitioner's amended habeas corpus petition and motion to re-open this case. Petitioner alleges that he has exhausted state remedies for his new claim and that his amended petition is timely filed. Accordingly, petitioner's motion to re-open this case [Doc. #11] is GRANTED. Respondent is ORDERED to file an answer to the amended petition and any supplemental state court records within two (2) months of the date of this order. Petitioner shall have forty-five (45) days from the date of respondent's answer to file a reply.
________________________
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record and
upon Theodore Lee Lawton #254897, St. Louis Correctional
Facility, 8585 N. Croswell Road, St. Louis MI 48880, on
July 23, 2012, by electronic and/or ordinary mail.