Ellison v. Hall, Jr.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

CALVIN ELLISON, ) ) Petitioner, ) ) v. ) Case No. 1:18-cv-01001-STA-jay ) BERT C. BOYD, ) ) Respondent. )

ORDER DIRECTING CLERK TO MODIFY DOCKET AND DENYING MOTION TO STAY

Petitioner, Calvin Ellison, has filed a document styled “Motion to Hold in Abeyance.” (ECF No. 22.) Petitioner asks the Court to stay proceedings in this 28 U.S.C. § 2254 case “until the State court rules upon the action.” (Id. at 1.) Although a federal court may, under certain circumstances, stay a § 2254 case to allow a state prisoner to exhaust his unexhausted claims in state court, see Rhines v. Weber, 544 U.S. 269, 277 (2005), Petitioner does not explain what claims he is currently pursuing in that forum. The Court is therefore unable to determine if a stay is warranted. The motion is DENIED.1 IT IS SO ORDERED.

s/ S. Thomas Anderson S. THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE

Date: June 19, 2020

1 The Clerk is DIRECTED to modify the docket to reflect Bert C. Boyd as Respondent. See Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004); Fed. R. Civ. P. 25(d).