Gray (ID 2000084262) v. Easley

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MARVIN L. GRAY, JR.,
Petitioner,
v. 	CASE NO. 25-3197-JWL
TIM EASLEY,
Respondents.
MEMORANDUM AND ORDER
This matter is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by
Petitioner and state prisoner Marvin L. Gray, Jr. It comes before the Court on Petitioner’s motion
to stay this case and hold it in abeyance so that he may exhaust state court remedies for claims of
ineffective assistance of counsel. (Doc. 18; see also Doc. 12.) Petitioner states in his motion that
he has filed in state court “a motion pursuant to K.S.A. 60-1507 in which he request[s] to address
the ineffectiveness claims.” (Doc. 18.)
The Court has considered the relevant factors set out in Rhines v. Weber, 544 U.S. 269,
277-78 (2005), and concludes that good cause exists for Petitioner’s failure to exhaust all claims
prior to filing his federal habeas petition, the unexhausted claims are not plainly meritless, and
there is no evidence that Petitioner intentionally delayed any proceedings. In addition, the Court
notes that if it dismisses this matter without prejudice—rather than staying it and holding it in
abeyance—the statute of limitations applicable to federal habeas petitions would likely bar him
from filing a new petition after the state court proceedings end. Thus, Petitioner’s motion will be
granted.
This matter will be stayed and held in abeyance while Petitioner returns to state court to
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Case 5:25-cv-03197-JWL Document 19 Filed 02/27/26 Page 1 of 2

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exhaust available remedies. Petitioner will be required to file periodic status reports with this Court
regarding the progress of the state court proceedings. The first status report, which will be due on
or before May 27, 2026, should inform the Court of the case number assigned to the relevant
K.S.A. 60-1507 case.
IT IS THEREFORE ORDERED THAT the motion to stay this matter and hold it in
abeyance (Doc. 18) is granted. This matter is STAYED pending completion of the related state
court proceedings under K.S.A. 60-1507. Petitioner is directed to file a written status report with
this Court on or before May 27, 2026 informing the Court of any progress of the state court
proceedings and the case number of those proceedings. Upon receipt and review of the status
report, this Court will issue further orders as necessary.
IT IS SO ORDERED.
DATED: 	This 27th day of February, 2026, at Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
United States District Judge
Case 5:25-cv-03197-JWL Document 19 Filed 02/27/26 Page 2 of 2