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Knight v. Harry

April 28, 2010

JEROME KNIGHT, PETITIONER,
v.
SHIRLEE HARRY, RESPONDENT.



The opinion of the court was delivered by: Honorable Paul L. Maloney

ORDER HOLDING PETITION IN ABEYANCE

Petitioner Knight, through counsel, filed a habeas action under 28 U.S.C. § 2254. Petitioner raises a single issue, that a Batson violation occurred at trial. On February 23, 2010, the magistrate judge issued a report recommending the action be dismissed. Petitioner timely filed objections on March 3. On March 31, 2010, Judge Denise Paige Hood, in the Eastern District of Michigan, granted a petition for a writ of habeas corpus in Rice v. White, No. 1:06-cv-11610, slip op. (E.D. Mich. March 31, 2010). The petitioner in that case, Gregory Rice, was Petitioner Knight's co-defendant. Judge Hood granted the petition on the basis of Mr. Rice's Batson challenge. The State of Michigan has filed an appeal.

Because the factual and legal bases for the Batson challenge in the two cases are identical, this action is HELD IN ABEYANCE pending the outcome of the appeal in Rice v. White.

IT IS SO ORDERED.

Paul L. Maloney Chief United States District Judge

20100428

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