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Mabe v. Commissioner of Vermont Department of Corrections

United States District Court, D. Vermont

October 1, 2014

Matthew J. Mabe, Petitioner,
v.
Commissioner of the Vermont Department of Corrections, The State of Vermont, Respondents.

SHOW-CAUSE ORDER AND REPORT AND RECOMMENDATION (DOC. 4)

JOHN M. CONROY, Magistrate Judge.

Petitioner Matthew J. Mabe, proceeding pro se, is a Vermont state prisoner seeking a Writ of Habeas Corpus under 28 U.S.C. ยง 2254. ( See Doc. 4.) On May 22, 2014, the Court adopted my Report and Recommendation (Doc. 9) and stayed this action "conditioned on Mabe's pursuing state court remedies within thirty (30) days, and his return to this Court within thirty (30) days after exhausting those remedies." (Doc. 10 at 1.)

Four months have now passed since the Court's Order conditionally staying this action, and Mabe has filed nothing to indicate whether he is pursuing state-court remedies. It does not appear from Vermont state court online records that there has been any action in Mabe's original PCR case (No. 299-5-13 Wrcv) since it was dismissed without prejudice on March 5, 2014. See "Vermont Courts Online, " https://secure.vermont.gov/vtcdas/user (last visited Oct. 1, 2014) (registration required). Neither does it appear that Mabe has instituted any new PCR case. See id. Accordingly, Mabe is ORDERED to show cause within 14 days after service of this Order why the Court ...


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