Miller v. Smith et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 . ORDER granting 2 MOTION to Stay filed by Mark A. Miller and that the Clerk of Court is directed to mark this action CLOSED for statistical purposes. FURTHER ORDERED that the Court retains jurisdiction in this matter and that petitioner is allowed to file a motion to reopen these proceedings within (30) days after he has exhausted his remedies in the state courts. Signed by Judge Martin L.C. Feldman on 1/5/2015.(caa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MARK A. MILLER

CIVIL ACTION

versus

NO. 14-1599

SETH SMITH

SECTION: "F" (1)

ORDER
The Court, having considered the petition, the record, the applicable law and the Report and
Recommendation of the United States Magistrate Judge, and the failure of any party to file any
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 own opinion.
Accordingly,
IT IS ORDERED that petitioner's motion to stay these proceedings, Rec. Doc. 2, is
GRANTED and that the Clerk of Court is directed to mark this action CLOSED for statistical
purposes. IT IS FURTHER ORDERED that the Court retains jurisdiction in this matter and that
petitioner is allowed to file a motion to reopen these proceedings within thirty (30) days after he
has exhausted his remedies in the state courts.
New Orleans, Louisiana, this 5th day of January, 2015.
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UNITED STATES DISTRICT JUDGE