Opinion
Civil Action 1:22-CV-00140-SA-RP
01-04-2023
BRIAN SCOTT BERRYMAN PETITIONER v. BURL CAIN and MISSISSIPPI DEPARTMENT OF CORRECTIONS RESPONDENTS
ORDER GRANTING PETITIONER'S MOTION TO PROCEED WITH PETITION FOR WRIT OF HABEAS CORPUS AND DISMISSING AS MOOT MOTION TO HOLD IN ABEYANCE
ROY PERCY, UNITED STATES MAGISTRATE JUDGE
This matter comes before the Court on Petitioner's pro se motion [16] to proceed with petition for writ of habeas corpus. Petitioner previously filed a motion to hold in abeyance these federal habeas corpus proceedings while he completed his exhaustion of state court remedies. See Doc. # 4. In the instant filing, however, Petitioner avers that, because the Mississippi Supreme Court recently denied his motion for reconsideration, he has now exhausted all state court remedies, and wishes to go forward with these federal habeas corpus proceedings. Doc. # 16. The Court, therefore, finds that Petitioner's motion [16] to proceed with petition for writ of habeas corpus is hereby GRANTED. As such, the Court additionally finds that Petitioner's motion [4] to hold in abeyance should be DISMISSED as moot.
SO ORDERED.