Opinion
Civil Action No. 11-cv-01795-PAB
02-05-2013
DOUGLAS WILSON, Applicant, v. SUSAN JONES, CSP Warden, and JOHN SUTHERS, Attorney General of the State of Colorado, Respondents.
Judge Philip A. Brimmer
ORDER
This matter is before the Court on the status report [Docket No. 83] and "Motion to Lift Stay and Reinstate the Proceedings Pursuant to Title 28 USC § 2254" [Docket No. 84] filed pro se by Applicant Douglas Wilson. On August 31, 2012, the Court entered an order [Docket No. 74] granting Mr. Wilson's motion [Docket No. 58] for a stay of these proceedings and ordered that the action is stayed until the pending state court postconviction proceedings are concluded. The Court also directed Mr. Wilson to file monthly status reports during the stay describing the status of the state court proceedings.
Mr. Wilson alleges in his most recent status report [Docket No. 83] that his counsel's opening brief is due February 19, 2013. Thus, it is apparent that the state court proceedings have not concluded. Furthermore, Mr. Wilson's statement that he will waive part of claim six in this action, the claim that apparently is being pursued in the ongoing state court proceedings, does not demonstrate good cause to lift the stay. Accordingly, it is
ORDERED that Applicant's Motion to Lift Stay and Reinstate the Proceedings Pursuant to Title 28 USC § 2254 [Docket No. 84] is DENIED.
BY THE COURT:
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PHILIP A. BRIMMER
United States District Judge