Schwindler v. Holt

Filing 50

ORDER adopting 49 Report and Recommendations; granting in part and denying in part 39 Supplement to Motion to Dismiss; and denying 20 Motion to Dismiss. The Court will STAY this case and HOLD IN ABEYANCE any ruling on Petitioner's 28 U.S.C. § 2254 petition until such time as he exhausts his state remedies. Signed by Judge William T. Moore, Jr on 5/4/18. (trb)

FILED

U.S.DiSJRiCTCOUm
IN THE UNITED STATES DISTRICT COURT FOR SAVaNNAH OIV.
THE SOUTHERN DISTRICT OF GEORGIA 2018 HAY-U PM MO?
SAVANNAH DIVISION

GLERf

FRANK JOSEPH SWINDLER,

srMrOf GA.

Petitioner,
CASE NO. CV416-189

V.

P.O. AHMED HOLT, Warden,

Respondent.

ORDER

Before the Court is the Magistrate Judge's Report and

Recommendation,

to

which

no

objections

have

been

filed.

(Doc. 49.) After a careful review of the record, the report
and

recommendation

is

ADOPTED

as

the

Court's

opinion

in

this case. As a result. Respondent's Motion to Dismiss for
Lack

of

Exhaustion

(Doc.

20)

is DENIED

and

Supplement to

Motion to Dismiss (Doc. 39) is GRANTED IN PART and DENIED
IN PART. The Court will STAY this case and HOLD IN ABEYANCE

any ruling on Petitioner's 28 U.S.C. § 2254 petition until
such time as he exhausts his state remedies.

SO ORDERED this

y —' day of May 2018.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA