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- ilnd;;1:21-cv-01370_de1 RegisterActionDate "2020-12-08" @default.
- ilnd;;1:21-cv-01370_de1 RegisterActionDescriptionText "TEXT ORDER: Petitioner 25E9945 has filed a pro se motion 1 seeking a stay of proceedings and extension of time to file a 28 U.S.C. § 2254 petition. Petitioner believes that he has exhausted some of his claims, but others are still pending in state court. When a petitioner has a "mixed" petition that contains both exhausted and unexhausted claims, in order to avoid some claims being time-barred in federal court, a petitioner may file a " ' protective' petition in federal court and [ask] the federal court to stay and abey the federal habeas proceedings until state remedies are exhausted." Pace v. DiGuglielmo, 544 U.S. 408, 416, 125 S. Ct. 1807, 1813 (2005). The court should grant the motion "if the petitioner had good cause for his failure to exhaust, his unexhausted claims are potentially meritorious, and there is no indication that the petitioner engaged in intentionally dilatory litigation tactics." Rhines v. Weber, 544 U.S. 269, 278, 125 S. Ct. 1528, 1535 (2005). However, before a court may stay and abey the federal habeas proceedings, a petitioner must first properly begin the proceedings by filing his § 2254 petition. Accordingly, the Clerk is DIRECTED to send Petitioner a 2254 packet. Petitioner is instructed to (1) file a 2254 petition on the form included in the packet or on a document that substantially complies with the form and (2) pay the $5.00 filing fee or file a motion to proceed in forma pauperis before the Court can consider his motion. Petitioner shall do so within sixty (60) days or the Court will dismiss this action without prejudice. Entered by Judge James E. Shadid on 12/8/2020. (TK, ilcd) [Transferred from Illinois Central on 3/11/2021.] (Entered: 12/08/2020)" @default.
- ilnd;;1:21-cv-01370_de1 AdministrativeID "None" @default.
- ilnd;;1:21-cv-01370_de1 OntologyLabel transferred_entry @default.
- ilnd;;1:21-cv-01370_de1 OntologyLabel order @default.
- ilnd;;1:21-cv-01370_de1 hasReferenceToOtherEntry ilnd;;1:21-cv-01370_de0 @default.