Isaac v. Brown et al
ORDER adopting 35 Report and Recommendations. Petitioner's 28 USC Section 2254 petition seeking habeas corpus relief is hereby STAYED and HELD IN ABEYANCE, pending further order of the Court. Petitioner is hereby ORDERED to file within thirty (30) days after state court exhaustion is completed, a motion to lift the stay.Ordered by Judge C. Ashley Royal on 10/23/12 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
ABDUL RAHID ISAAC,
No. 5:10‐CV‐252 (CAR)
ORDER ON RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the Recommendation of the United States Magistrate Judge
[Doc. 35] to stay and hold the instant habeas corpus proceeding in abeyance so that
Petitioner Abdul Rahid Isaac may pursue his unexhausted claims in state court.
Neither party has filed an objection to the Recommendation and the time in which to
do so has expired. Upon review of the Recommendation and consideration of the
matter, the Court agrees with the findings and conclusions of the United States
Magistrate Judge. The Recommendation [Doc. 35] is therefore ADOPTED and MADE
THE ORDER OF THE COURT. Petitioner’s 28 U.S.C. § 2254 petition seeking habeas
corpus relief is hereby STAYED and HELD IN ABEYANCE, pending further order of
The Magistrate Judge also recommended that Petitioner be ordered to file the
following: (1) within thirty (30) days after the stay is entered, an appropriate state
court motion for relief raising any unexhausted issues; (2) a Notice of Compliance with
the Court, advising the Court that the state court motion has been filed; and (3) within
thirty (30) days after state court exhaustion is completed, a motion to lift the stay.
On October 4, 2012, Petitioner filed a Notice of Compliance [Doc. 35],
presumably after he received the Magistrate Judge’s Recommendation but before this
Court had adopted the Recommendation as the Order of the Court, informing the
Court that he has filed an appropriate state court motion regarding any unexhausted
issues. Despite Petitioner’s premature filing, the Court will nevertheless accept
Petitioner’s Notice of Compliance [Doc. 35]. In light of this instant Order and the
record as it presently stands, Petitioner is hereby ORDERED to file within thirty (30)
days after state court exhaustion is completed, a motion to lift the stay.
SO ORDERED, this 23rd day of October, 2012.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
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