Opinion
20-cv-12673
12-15-2022
BERNARDO CARLOS REEVES, Petitioner, v. WARDEN O'BELL WINN, Respondent.
ORDER GRANTING PETITIONER'S MOTION TO CONTINUE TO HOLD PETITION IN ABEYANCE (ECF NO. 9)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
Petitioner Bernardo Carlos Reeves is a state inmate in the custody of the Michigan Department of Corrections. On September 30, 2020, Reeves, through counsel, filed a petition for a writ of habeas corpus in this court pursuant to 28 U.S.C. § 2254. (See Pet., ECF No. 1.) On April 21, 2022, the Court granted Reeves' motion to hold this case in abeyance so that he could return to the state courts to exhaust a newly discovered evidence claim. (See Order, ECF No. 8.) The Court also administratively closed the case at that time. (See id.) The matter is now before the Court on Reeves' motion to continue to hold his habeas petition in abeyance while the Western Michigan University-Cooley Innocence Project investigates his case and he proves his actual innocence and/or exhausts state court remedies as to newly-discovered evidence following that investigation. (See Mot., ECF No. 9.)
The Court has carefully reviewed Reeves' motion and concludes that Reeves has shown good cause to continue to hold his petition in abeyance. Accordingly, the Court GRANTS his motion and will continue to hold his petition in abeyance. These proceedings shall remain STAYED for one year from the date of his order. If Reeves does not move to re-open this case before the end of the one-year period, the Court shall set a status conference at that time. The case remains closed for administrative purposes only. Nothing in this order shall be construed as an adjudication of Reeves' claims.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on December 15, 2022, by electronic means and/or ordinary mail.
s/Holly A. Ryan
Case Manager
(313) 234-5126