Opinion
Civil No. 4:19-cv-11789
01-09-2020
JOHN BUTSINAS, Petitioner, v. PAT WARREN, Respondent.
OPINION AND ORDER HOLDING IN ABEYANCE THE PETITION FOR WRIT OF HABEAS CORPUS AND ADMINISTRATIVELY CLOSING CASE
John Butsinas, ("Petitioner"), filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state court conviction. Respondent filed a motion to hold the petition in abeyance during the pendency of petitioner's appeal from his re-sentencing. Petitioner's attorney concurs with the request.
The Court holds the petition in abeyance during the pendency of petitioner's appeal from the re-sentencing. This tolling is conditioned upon petitioner moving to reopen the case within ninety days after the completion of any re-sentencing appeal in the Michigan appellate courts. Hargrove v. Brigano, 300 F.3d 717, 721 (6th Cir. 2002). The Court administratively closes the case for statistical purposes.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE Dated: January 9, 2020 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 9, 2020, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(810) 341-9764