Opinion
3:22-cv-44-KAP
09-05-2024
CHARLES BELLON, Petitioner v. MORRIS HOUSER, Superintendent, S.C.I. Benner, Respondent
MEMORANDUM ORDER
KEITH A. PESTO, UNITED STATES MAGISTRATE JUDGE
Respondent's motion to stay, ECF no. 20, is granted. The parties are directed to notify the Court when the proceedings at Bellon v Ferguson, Case No. 3:15-cv-131-KRG-KAP (W.D.Pa.), including any related appeals, interlocutory appeals, or motions pending at the Court of Appeals, are terminated. To be clear, this stay is ordered under Fed.R.Civ.P. 42(a)(3), granting the Court authority to manage its litigation to avoid unnecessary cost or delay when multiple actions involve common questions of law or fact. I have serious doubts whether any stay could be justified under Rhines v. Weber, 544 U.S. 269, 276-78 (2005) (stay appropriate when the petitioner has good cause for failure to exhaust claims, the unexhausted claims are potentially meritorious, and there is no evidence that the petitioner seeks to use the stay as a delaying tactic), and do not rely on Rhines v. Weber.