Summary
This Report and Recommendation addresses Shawnte Davon Hardin’s motion to stay his 28 U.S.C. § 2254 habeas proceeding while Ohio courts resolve his state postconviction petition. The magistrate judge recommends granting the stay under Rhines v. Weber because the petition contains exhausted and unexhausted claims, the petitioner showed good cause, the claims are not plainly meritless, and there is no indication of abusive delay. The recommendation also proposes substituting Warden T.J. Martin for Warden Jay Forshey and requiring Hardin to move to lift or dismiss the stay within 30 days after final state-court resolution.
Court
United States District Court for the Northern District of Ohio, Western Division
Jurisdiction
United States District Court for the Northern District of Ohio, Western Division
Decision date
April 24, 2026
Docket number
3:25-CV-02622-JRK
Disposition
other
Questions Presented
- Whether the federal habeas proceeding should be stayed and held in abeyance because the petition contains exhausted and unexhausted claims.
- Whether the stay should be conditioned on Hardin's filing a motion to reinstate or dismiss the federal case within 30 days after the state courts finally resolve his postconviction petition.
- Whether Warden T.J. Martin should be substituted for Jay Forshey as the proper respondent.
Holdings
- The magistrate judge recommended that the mixed habeas petition be stayed and held in abeyance because Hardin demonstrated good cause for failing to exhaust, his claims were not plainly meritless at that stage, and there was no indication of abusive litigation tactics or intentional delay.
- The magistrate judge recommended conditioning the stay on Hardin's filing a motion to reinstate the case or dismiss it within 30 days after the state courts' final resolution of his postconviction petition.
Court Document
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