McCray v. Royce

Background

Robert L. McCray filed a federal petition for a writ of habeas corpus. He asked the court to stay, or pause, the federal case while a related petition was pending before the New York Court of Appeals. Respondent Mark Royce made a similar request so McCray could exhaust his claims still pending in state court. The opinion states that the requests were essentially a joint application.

Court’s Analysis

The court explained that federal courts generally should not consider a habeas claim until state courts have had an opportunity to address it. It also explained that a federal court may stay a petition and hold it while the petitioner returns to state court to exhaust unexhausted claims. Any stay must include reasonable deadlines for pursuing the state remedies and returning to federal court.

The court found that McCray had already started the necessary exhaustion procedures. It also found that he had not used intentionally delaying litigation tactics and that his claims were not plainly meritless on the record before the court.

Ruling and Deadlines

Judge Katharine H. Parker granted the stay. The court directed Royce to file a status letter on the electronic docket every 60 days, beginning January 4, 2021, updating the court about McCray’s state-court appeal. After McCray’s related state-court claim is fully exhausted, Royce will have 45 days to respond to the federal petition. McCray will then have 60 days to file a reply. The court also requested that the clerk mail a copy of the order to McCray, whom the opinion identifies as proceeding without a lawyer.