Opinion
CASE NO. 1:12-cv-216-MP-GRJ
01-10-2013
STUART DELANCEY, Petitioner, v. SECRETARY, DEP'T OF CORRECTIONS, Respondent.
ORDER
This matter is before the Court on Doc. 9, Petitioner's "Motion for Leave and Order of Abatement." Petitioner asserts that at the time that he filed his petition under 28 U.S.C. § 2254, he believed that he had exhausted his state remedies because he had been denied relief by the Florida Supreme Court. Petitioner states that after he filed his § 2254 petition, the Public Defender's Office informed him that it would represent him in petitioning the United States Supreme Court for a writ of certiorari. Petitioner requests that the Court stay the proceedings in his § 2254 case until Supreme Court review has concluded. Respondent will be required to file a response to Petitioner's motion. The motion will be taken under consideration once Respondent's response is received.
Accordingly, it is ORDERED that:
Respondent must file a response to Petitioner's motion for abatement, Doc. 9. The response must be filed on or before January 30, 2013.
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GARY R. JONES
United States Magistrate Judge