Smith v. Hobbs

Filing 16

ORDER granting 15 Petitoner's Motion to Stay; directing the Clerk of Court to administratively terminate the case; and directing the Petitioner to file a motion to reopen the case within 45 days of his 8/23/11 parole hearing. Signed by Magistrate Judge Beth Deere on 7/26/11. (hph)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICKY SMITH
ADC #133989
VS.

PETITIONER

CASE NO. 5:11CV00072-BSM-BD

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

Pending is Petitioner’s Motion to Stay his petition for writ of habeas corpus under
28 U.S.C. § 2254. (docket entry #15) Respondent has not objected to the motion to stay,
and the time to object has passed.
In the motion (#15), Petitioner asks to stay any motions or action on his claims
until he can retain legal counsel. Petitioner expects this to occur at some point after his
August 23, 2011, parole hearing.
Petitioner’s Motion to Stay is GRANTED. The Clerk of Court is directed to
administratively terminate the case. Petitioner is directed to file a motion to reopen the
case within forty-five (45) days of his August 23, 2011 parole hearing. If a motion to
reopen the case is not filed within forty-five (45) days of the parole hearing, the Court
will recommend dismissal of the petition with prejudice.
IT IS SO ORDERED this 26th day of July, 2011.

____________________________________
UNITED STATES MAGISTRATE JUDGE