Williams v. Cain et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 ; case stayed and statistically closed. Signed by Judge Lance M Africk.(car, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MICHAEL WILLIAMS VERSUS BURL CAIN, WARDEN ORDER The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that the petition of Michael Williams for issuance of a writ of habeas corpus under 28 U.S.C. § 2254 be STAYED due to his failure to exhaust his state court remedies and that the Clerk of Court mark this action CLOSED for statistical and administrative purposes. IT IS FURTHER ORDERED that the court shall retain jurisdiction over this matter and that petitioner be allowed to file a motion to reopen these proceedings within thirty (30) days after the Louisiana Supreme Court issues an opinion with regard to State ex rel. Michael Williams v. State of Louisiana, 2008-WR-875, the writ application CIVIL ACTION NO. 08-4442 SECTION "I" (2)

presently pending before the Louisiana Fifth Circuit Court of Appeal in which petitioner raises the same claims raised in the instant habeas corpus petition. New Orleans, Louisiana, this

15th

day of April, 2009.

________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE

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