Jones v. Mooney

Filing 19

ORDER LIFTING STAY, granting 17 MOTION to Lift Stay filed by Corbin D. Jones. IT IS FURTHER ORDERED that MOONEY shall file and serve his answer to the Complaint (Doc. 1) or a motion under Rule 12 within 60 days from the date of this Order. Signed by Judge J. Phil Gilbert on 9/5/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CORBIN D. JONES, # 01-30-1989-46,
Plaintiff,
vs.
NEILL MOONEY,
Defendant.

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Case No. 17-cv-337-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
This matter is before the Court for consideration of Plaintiff’s motion to lift the stay
(Doc. 17). On June 28, 2017, the Court stayed this case pursuant to Younger v. Harris, 401 U.S.
37 (1971), because Plaintiff’s criminal case in People v. Jones, Jefferson County Case No. 17CF-69 was still pending. (Doc. 15). The Court had previously concluded that Counts 1 and 2 of
Plaintiff’s Complaint stated claims that survived review under 28 U.S.C. § 1915A. (Doc. 12).
The Complaint was sent to Defendant Mooney, and he returned his signed Waiver of Service of
Summons form on June 21, 2017. (Doc. 14). Mooney was directed not to submit an answer or
other response while the stay was in effect.
In his motion, Plaintiff reports that Jefferson County Case No. 17-CF-69 has been
dismissed, because the substance in his possession at the time of his arrest was found to be sea
salt, rather than an illegal substance. (Doc. 17, p. 1). Plaintiff has been released from jail and
wishes to move forward with his case. His motion shall be granted.
IT IS HEREBY ORDERED that Plaintiff’s motion (Doc. 17) is GRANTED and the
stay of this case is LIFTED.

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IT IS FURTHER ORDERED that MOONEY shall file and serve his answer to the
Complaint (Doc. 1) or a motion under Rule 12 within 60 days from the date of this Order.
IT IS SO ORDERED.
DATED: September 5, 2017

s/J. Phil Gilbert
United States District Judge

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