Calhoun v. Jackson

Calhoun, a Michigan state prisoner, filed a federal habeas petition in 2003. Although the petition included only exhausted claims, Calhoun also sought to litigate some unexhausted claims and moved to stay his petition while he exhausted the additional claims in state court. The district court granted the stay on conditions that Calhoun file his additional claims in state court within 90 days of the stay order and that he return to federal court within 30 days of exhausting them. Rather than file his unexhausted claims within 90 days, he waited more than six years, until 2010, to file them in Michigan state court. The Michigan trial and appellate courts denied relief. In 2012, Calhoun returned to the district court and filed an amended petition that included his old claims from the initial petition and his newly (but tardily) exhausted claims. The district court vacated its stay as of the date it had been entered and dismissed Calhoun’s original petition and amended petition as untimely. The Sixth Circuit affirmed. View "Calhoun v. Jackson" on Justia Law