Butsinas v. Warren

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JOHN BUTSINAS,

Petitioner, Civil No. 4:19-cv-11789 Hon. Matthew F. Leitman v.

PAT WARREN,

Respondent. ____________________________________________________________________/

OPINION AND ORDER HOLDING IN ABEYANCE THE PETITION FOR WRIT OF HABEAS CORPUS AND ADMINISTRATIVELY CLOSING CASE

John Butsinas, (“Petitioner”), filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state court conviction. Respondent filed a motion to hold the petition in abeyance during the pendency of petitioner’s appeal from his re- sentencing. Petitioner’s attorney concurs with the request. The Court holds the petition in abeyance during the pendency of petitioner’s appeal from the re-sentencing. This tolling is conditioned upon petitioner moving to reopen the case within ninety days after the completion of any re-sentencing appeal in the Michigan appellate courts. Hargrove v. Brigano, 300 F.3d 717, 721 (6th Cir. 2002). The Court administratively closes the case for statistical purposes. /s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: January 9, 2020 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 9, 2020, by electronic means and/or ordinary mail.

s/Holly A. Monda Case Manager (810) 341-9764