Pinney v. Payne

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

JOHNATHAN PINNEY ADC #173141 PETITIONER

CASE NO. 4:19-CV-679-BRW-BD

DEXTER PAYNE, Director, RESPONDENT Arkansas Department of Correction

ORDER On September 27, 2019, Petitioner Jonathan Pinney filed a pro se petition for writ of habeas corpus. (Docket entry #2) Respondent Payne timely responded and argued that the petition should be dismissed based on Mr. Pinney’s alleged failure to exhaust his state-court remedies. Director Payne attached to his response Mr. Pinney’s sentencing order (#10-1), his notice of appeal to the Arkansas Court of Appeals (#10-2), and the trial court’s order extending the time for filing the transcript of record to November 1, 2019. (#10-3) Rather than dismiss the petition, the Court will stay the federal petition to allow Mr. Pinney an opportunity to exhaust his state remedies. A stay will allow Mr. Pinney to raise his federal constitutional claims in Arkansas’s courts without running afoul of the federal one-year statute of limitations for filing a federal petition. A stay-and-abeyance is appropriate in this circumstance. See Pace v. DiGuglielmo, 544 U.S. 408, 416-17 (2005) (where a petitioner has good cause for confusion about state filings, has presented potentially meritorious claims, and has not engaged in intentionally dilatory tactics, a district court should stay rather than dismiss petition). A stay is the appropriate course here, even though it appears that Mr. Pinney has presented only unexhausted claims. See Heleva v. Brooks, 581 F.3d 187, 191 (3d Cir. 2009) (noting that the Supreme Court in Pace sanctioned the use of the stay-and-abeyance procedure in a context outside that of mixed petitions). Accordingly, Mr. Pinney’s petition (#2) is STAYED and his pending motion for summary judgment (#9) is DENIED as moot. The Clerk of Court is directed to administratively terminate this case. Mr. Pinney will have 30 days from the conclusion of his state proceedings to file a motion to reopen this case. After the case is reopened, both parties will have the opportunity to amend their pleadings. IT IS SO ORDERED, this 5th day of November, 2019. Rt