Pierre Quaran Hamilton v. Gloria Geither

Summary

The United States District Court for the District of Kansas addresses a pro se petition for habeas corpus under 28 U.S.C. § 2254 and several related motions. The court grants leave to proceed in forma pauperis, denies motions under Federal Rules of Civil Procedure 59 and 60, and grants in part and denies in part a motion to stay. The court permits the petitioner to elect a single response to its order to show cause concerning exhaustion of state-court remedies.

Holdings

1. The motion for leave to proceed in forma pauperis was granted because petitioner submitted the required financial certificate.
2. Relief under Rules 59 and 60 was unavailable at the beginning of the case, so petitioner's motions under those rules were denied.
3. The motion to stay was granted in part and denied in part: the case would not be stayed, but petitioner was given time to elect whether an existing filing or a new single filing would serve as his response to the order to show cause.

Questions Presented

1. Whether petitioner should be granted leave to proceed in forma pauperis after submitting the required financial certificate.
2. Whether petitioner was entitled to relief under Federal Rules of Civil Procedure 59 and 60 at the beginning of the habeas action.
3. Whether the action should be stayed or kept open to permit petitioner to submit multiple responses or filings addressing the order to show cause.
4. What filing procedure petitioner must follow to respond to the court's directive concerning exhaustion of state-court remedies.

Disposition

other