Jacobs v. Cain

Filing 7

ORDER AND REASONS. IT IS ORDERED that Jacobs's Unopposed Motion to Stay Proceedings Pending Resolution of Forthcoming Petition for Certiorari to the United States Supreme Court, Record Doc. No. 6, is GRANTED. Further proceedings addressing the c aptioned petition for issuance of a writ of habeas corpus pursuant to 28 U.S.C. 2254 are hereby STAYED. The Clerk of Court is directed to CLOSE the case for all administrative and statistical purposes. IT IS FURTHER ORDERED that Jacob's counsel must notify this court immediately upon resolution of the petition for writ of certiorari in the United StatesSupreme Court to be filed on Jacobss behalf and/or resolution of the questions accepted by the Supreme Court on writ of certiorari in Montgo mery v. Louisiana, __U.S. __, 135 S. Ct. 1546 (2015). IT IS FURTHER ORDERED that Jacobs may move to re-open this matter within thirty (30) days of the resolution of the petition for writ of certiorari to be filed on his behalf in the United States Su preme Court and/or resolution of the questions accepted by the Supreme Court on writ of certiorari in Montgomery v. Louisiana, __U.S. __, 135 S. Ct. 1546 (2015). Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 5/13/2015. (tbl) [NEF: Hon. Ginger Berrigan]

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LAWRENCE JACOBS, JR.

CIVIL ACTION

VERSUS

NO. 15-1334

BURL CAIN

SECTION “C”(2)
ORDER AND REASONS

The petitioner, Lawrence Jacobs, Jr., who is represented by counsel, filed a habeas
corpus petition under 28 U.S.C. § 2254. The petition in part asserts that Jacobs’s
sentence to life in prison without benefit of parole, imposed when he was a juvenile, is
unconstitutional under the United States Supreme Court’s holding in Miller v. Alabama,
132 S. Ct. 2455 (2012), and that the state courts erred in refusing to apply Miller on
collateral review of his sentence.
Jacobs has now filed an Unopposed Motion to Stay Proceedings Pending
Resolution of Forthcoming Petition for Certiorari to the United States Supreme Court.
Record Doc. No. 6. He requests a stay of further proceedings in this case so that he may
file a petition for writ of certiorari in the United States Supreme Court regarding the
retroactive application of Miller to his case. Jacobs also references a separate petition
for writ of certiorari recently granted in Montgomery v. Louisiana, 135 S. Ct. 1546
(2015), in which the Supreme Court apparently will consider Miller’s retroactive
application on collateral review and the Supreme Court’s jurisdiction to consider the
Louisiana Supreme Court’s refusal to apply Miller retroactively.

The Jefferson Parish District Attorney’s Office, on behalf of the State, does not
oppose a stay in this case pending resolution of a petition for writ of certiorari to be filed
by Jacobs and the questions pending in Montgomery.1 Accordingly,
IT IS ORDERED that Jacobs’s Unopposed Motion to Stay Proceedings Pending
Resolution of Forthcoming Petition for Certiorari to the United States Supreme Court,
Record Doc. No. 6, is GRANTED. Further proceedings addressing the captioned
petition for issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254 are hereby
STAYED. The Clerk of Court is directed to CLOSE the case for all administrative and
statistical purposes.
IT IS FURTHER ORDERED that Jacob’s counsel must notify this court
immediately upon resolution of the petition for writ of certiorari in the United States
Supreme Court to be filed on Jacobs’s behalf and/or resolution of the questions accepted
by the Supreme Court on writ of certiorari in Montgomery v. Louisiana, __U.S. __, 135
S. Ct. 1546 (2015).
IT IS FURTHER ORDERED that Jacobs may move to re-open this matter
within thirty (30) days of the resolution of the petition for writ of certiorari to be filed on
his behalf in the United States Supreme Court and/or resolution of the questions accepted

1

A member of my staff contacted counsel for the State on May 11, 2015, and confirmed the
certification in petitioner’s motion that he has no opposition.
2

by the Supreme Court on writ of certiorari in Montgomery v. Louisiana, __U.S. __, 135
S. Ct. 1546 (2015).

13th
New Orleans, Louisiana, this __________ day of May, 2015.

JOSEPH C. WILKINSON, JR.
UNITED STATES MAGISTRATE JUDGE

CLERK TO NOTIFY
HON. GINGER BERRIGAN

3