Milo Rosario v. John Christiansen

Summary

The United States District Court for the Eastern District of Michigan granted Milo Rosario’s motion for an extension of time to file a state post-conviction motion for relief from judgment. The court granted a 60-day extension, requiring Rosario to file the motion with the Oakland County Circuit Court and to return to federal court within 60 days after completing state post-conviction proceedings if unsuccessful.

Holdings

1. A federal district court may extend the stay of a habeas petition, particularly when the respondent does not oppose the extension, and may grant additional time for a petitioner to pursue state post-conviction remedies when extraordinary circumstances prevented timely filing.
2. Rosario was granted a sixty-day extension to file his motion for relief from judgment in the Oakland County Circuit Court.

Questions Presented

1. Whether the federal district court should extend the time for Rosario to file his state post-conviction motion for relief from judgment while his habeas petition remained stayed and held in abeyance.

Disposition

other