UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE
500 W. CAPITOL, ROOM D444
LITTLE ROCK, ARKANSAS 72201-3325
(501) 604-5140
Facsimile (501) 604-5149
November 21, 2007
LETTER ORDER
Ms. Deborah Ruth Sallings
Cauley Bowman Carney & Williams, LLP
Post Office Box 25438
Little Rock, AR 72221-5438
Re: Damien Echols v. Norris,
5:04-CV-00391WRW
Dear Ms. Sallings,
I have reviewed and considered your second amended petition for writ of habeas
corpus and the memorandum in support.
On November 7, 2007, I granted your motion to file the second amended habeas
petition. However, after reviewing your petition and memorandum, it appears
that you have not yet exhausted your state remedies (Doc. No. 20 at 5, 9).
Isn't it well settled that the state courts should have an opportunity to
address a petitioner's claims of constitutional error before those claims are
presented to the federal court? 28 U.S.C.A. § 2254; Rhines v. Weber, 544
I plan to hold your second amended petition in abeyance pending exhaustion of
state court remedies. You must file your amended petition with the Court no
later than sixty (60) days after the state court's disposition. In addition, I
request that you file monthly status reports to inform the Court of the status
of state court proceedings. You must begin filing the monthly status reports on
January 2, 2008. The Clerk of the Court is directed to hold the second amended
petition in abeyance (Doc. Nos. 20, 21).
Finally, this Order renders the Attorney General's motion for determination of
time to respond and alternative motion for extension of time (Doc. No. 28) moot
at this time.
Cordially,
/s/Wm. R. Wilson, Jr.
Wm. R. Wilson
Original to the Clerk of the Court
cc: Mr. Dennis P. Riordan
Ms. Theresa A. Gibbons
Mr. Donald M. Horgan
Ms. Lauren Elizabeth Heil, Office of the Attorney General
Mr. Brent P. Gasper
