Crosby v. Arkansas, State of

Filing 17

ORDER ADOPTING 16 Partial Report and Recommendations staying and holding this action in abeyance pending a decision by the Arkansas Supreme Court; and directing petitioner to request, within 30 days of a final decision by the Arkansas Supreme Court, that the stay be lifted so that this action can proceed. Signed by Judge James M. Moody on 10/29/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RODNEY CROSBY ADC #141905 V. NO. 5:09cv00150 JMM-JWC RESPONDENT ORDE R The Court has reviewed the Proposed Findings and Recommendations received from Magistrate Judge Jerry Cavaneau. There have been no objections. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, this 28 U.S.C. § 2254 action is hereby stayed and held in abeyance pending a decision by the Arkansas Supreme Court on Petitioner's appeal of the denial of his state petition for writ of error coram nobis. Petitioner is directed to request, within thirty (30) days of a final decision by the Arkansas Supreme Court, that the stay be lifted so that this action can proceed. IT IS SO ORDERED this 29th day of October, 2009. PETITIONER

LARRY NORRIS, Director, Arkansas Department of Correction

__________________________________ UNITED STATES DISTRICT JUDGE