Opinion
Case No. 06-13846
08-09-2012
TRACY LYNN COWAN, Petitioner, v. CLARICE STOVALL, Respondent.
ORDER DENYING PETITIONER'S MOTION TO COMPEL
On August 31, 2011, the court stayed and held in abeyance this petition for a writ of habeas corpus under 28 U.S.C. § 2254, in order to allow Petitioner to exhaust her state-court remedies. At that time, Petitioner had already begun the exhaustion process by filing a motion for relief from judgment in the Oakland County Circuit Court. Petitioner filed the instant motion to compel on June 25, 2012, asking this court to set a deadline by which the circuit court must rule on her motion for relief from judgment, which is still pending despite Petitioner's "belie[f] that the state court has had more than a reasonable time to respond." (Pet.'s Mot. Compel 2, Dkt. # 65.) As it is established law that "federal courts have no authority . . . to direct state courts or their judicial officers in the performance of their duties," Haggard v. Tennessee, 421 F.2d 1384, 1386 (6th Cir. 1970), Petitioner's position is not well taken. Accordingly,
IT IS ORDERED that Petitioner's motion to compel [Dkt. # 65] is DENIED.
______________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, August 9, 2012, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522
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