United States District Court, E.D. Michigan, Southern Division
JEROME F. DEERING BEY, Petitioner,
J.A. TERRIS, Respondent.
OPINION AND ORDER HOLDING IN ABEYANCE THE PETITION
FOR A WRIT OF HABEAS CORPUS AND ADMINISTRATIVELY CLOSING THE
HONORABLE NANCY G. EDMUNDS UNITED STATES DISTRICT JUDGE.
F. Deering Bey, (“Petitioner”), confined at the
Federal Correctional Institution in Milan, Michigan, filed a
petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241. Petitioner challenges the scoring of his federal
sentencing guidelines for his 1997 drug convictions out of
the United States District Court for the Northern District of
United States Attorney has moved to hold the petition in
abeyance pending the outcome of petitioner's motion for a
reduction of sentence under the First Step Act, which was
filed recently before the sentencing judge in the Northern
District of Iowa and remains pending.
reasons that follow, the Court will hold the petition in
abeyance and will stay the proceedings during the pendency of
petitioner's motion for a sentence reduction in the
Northern District of Iowa. The Court will also
administratively close the case.
has filed a petition for a writ of habeas corpus, claiming
that the sentencing judge mis-scored his federal sentencing
has concurrently filed with this petition a motion for a
sentence reduction in the United States District Court for
the Northern District of Iowa, which remains pending in that
court. See United States v. Deering Bey, U.S.D.C.
No. 94-21 (N.D. Iowa)(ECF 503). Petitioner in his motion for
sentence reduction claims that if his motion is successful,
he will be eligible for immediate release from incarceration.
(Id., ECF 503-1, PageID.3).
United States Attorney has moved for the current petition to
be held in abeyance pending the disposition of
petitioner's motion for sentence reduction in the
Northern District of Iowa.
federal court has “broad discretion” to stay its
proceedings pending the resolution of an independent
proceeding occurring in another forum. See Clinton v.
Jones, 520 U.S. 681, 706 (1997). A federal court has the
ability to stay a 2241 habeas petition pending a decision
from another court. See e.g. Bafile v. Thoms, 15
Fed.Appx. 236, 237 (6th Cir. 2001). A federal district court
also has the authority to stay a motion or other proceeding
pending the disposition of a motion for sentence reduction in
another court. See United States v. Monus, 356 F.3d
714, 715 (6th Cir. 2004).
Court grants the motion to stay the petition (ECF 8) pending
the resolution of petitioner's motion for sentencing
reduction in the Northern District of Iowa. “[I]f this
Court were to proceed in parallel with” the judge in
the Northern District of Iowa, “there is a risk of
wasting judicial resources if the [sentencing] court might
grant relief on [petitioner's] claim.” Thomas
v. Stoddard, 89 F.Supp.3d 937, 942 (E.D. Mich. 2015). If
petitioner is unable to obtain relief in the sentencing
court, he is free to move to reopen the petition as per the
terms of the abeyance order as outlined below.
IS HEREBY ORDERED that the proceedings are
STAYED and the Court will hold the habeas
petition in abeyance. If petitioner is unable to obtain
relief on his motion for a sentence reduction, he shall move
to reopen his habeas petition within sixty (60)
days of the conclusion of his motion before the
United States District Court for the Northern District of
avoid administrative difficulties, the Court
ORDERS the Clerk of Court to
CLOSE this case for statistical purposes
only. Nothing in this order or in the related docket entry
shall be considered a dismissal or ...