BARTHELUS v. KANDALL

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY PHILLIPE BARTHELUS, Civil Action No. 18-13527(MCA) Petitioner, v. MEMORANDUM AND ORDER AL KANDALL, et al., Respondents.

This matter has been opened to the Court by Petitioner’s October 23, 2020 motion to stay this matter pursuant to Rhines v. Weber, 544 U.S. 269 (2005). (ECF No. 8.) Having reviewed Petitioner’s request, the Court finds there is good cause under Rhinesto grant a stay.1 The Court will therefore grant Petitioner’s request for a stay, stay the matter,and administratively terminate this matterwhile Petitioner pursues his state court remedies.

If Petitioner does not obtain relief in state court and wishes to pursue habeas relief after exhausting his state court remedies to all three levels of the state court, he shall write to reopen this matter within 60 days of the completion of his state court proceedings. Failure to comply with this Memorandum and Order may result in the dismissal of this habeas petition with prejudice.

IT IS THEREFORE, on this 27thday of May 2020, ORDERED that the Clerk of the Court shall mark this matter as OPEN sothat the Court may consider Petitioner’s submission; and it is further It appears that Petitioner served his motion for a stay on the state and it was referred to the Union County Prosecutor’s Office, whichdid not file a response. (See ECF Nos. 9-10.) The Court treatsthe motion for a stayas unopposed.

ORDERED for the reasons stated in the Memorandum and Order, Petitioner’s request to stay the habeas petition is GRANTED; the Court will STAY this matter so that Petitioner may complete his state court proceedings and exhaust the unexhausted claims asserted in his habeas petition; and it is further ORDERED that the Clerk of the Court shall ADMINISTRATIVELY TERMINATE this case during the pendency of the stay; and it is further ORDERED that if Petitioner does not obtain relief in state court and wishes to pursue federal habeas relief after exhausting his state court remedies to all three levels of the state court, Petitioner shall write to reopen this matter within 60 days of the completion of his state court proceedings; and it is further ORDERED that failure to comply with this Court’s Order may result in the dismissal of this habeas petition with prejudice; and it is further ORDERED that the Clerk of the Court shall send a copy of this Memorandum and Order to Petitioner at the address on file.

f ko i Mc Madeline Cox Arleo, District Judge United States District Court