Rhodes v. Cain et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 . ORDERED that petitioner's motion to amend and stay/abate federal proceedings is GRANTED and the application for federal habeas corpus relief by STAYED. The Clerk shall mark this action as CLOSED for statistical purposes. FURTHER ORDERED that the Court retain jurisdiction as set forth in document. Signed by Judge Helen G. Berrigan on 6/29/11.(plh, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TROY RHODES

CIVIL ACTION

VERSUS

NO. 11-0399

WARDEN, BURL CAIN

SECTION: "C" (6)

ORDER
The Court, having considered the petition, 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 and adopts it as its opinion in this matter.
Therefore,
IT IS ORDERED that petitioner, Troy Rhodes’ motion to amend and stay/abate
federal proceedings be GRANTED (Rec. Doc. 7) and Rhodes’ application for federal habeas corpus
relief be STAYED. The Clerk of Court shall mark this action as CLOSED for statistical purposes.
IT IS FURTHER ORDERED that the Court retain jurisdiction in 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 its ruling on his pending writ application.
New Orleans, Louisiana, this 29th day of June, 2011.

UNITED STATES DISTRICT JUDGE