Floyd v. Cain

Filing 59

ORDER AND REASONS remanding Case to Magistrate Judge Daniel E. Knowles, III. Signed by Chief Judge Sarah S. Vance on 5/28/13. (cc Mag 3 and CM)(jjs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

JOHN FLOYD

CIVIL ACTION

VERSUS

NO: 11-2819

BURL CAIN, WARDEN

SECTION: R

ORDER & REASONS
Petitioner moves the Court to alter and amend its order
adopting the Magistrate Judge’s report and recommendation.1 In
light of today's ruling by the Supreme Court in McQuiggin v.
Perkins, No. 12-126 (May 28, 2013), Petitioner’s motion is
granted, and this Court's Order adopting the Report and
Recommendation is vacated.2 This case is remanded to the
Magistrate Judge to consider solely the issue of whether
McQuiggin v. Perkins provides an avenue for relief.
New Orleans, Louisiana, this 28thday of May, 2013.
__

_________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

1

R. Doc. 52; R. Doc. 54.

2

R. Doc. 52.