Robinson v. Andrews et al
OPINION and ORDER Rejecting as Moot Plaintiff's 201 Objections to Magistrate Judge's Order on Motion for Stay and Abeyance. Signed by District Judge Linda V. Parker. (RLou)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 14-11987
Honorable Linda V. Parker
STEPHEN ANDREWS, et al.,
OPINION AND ORDER REJECTING AS MOOT PLAINTIFF’S
OBJECTIONS TO MAGISTRATE JUDGE’S ORDER ON MOTION FOR
STAY AND ABEYANCE
On May 9, 2014, Plaintiff commenced this civil rights action against various
defendants pursuant to 42 U.S.C. § 1983.1 Plaintiff’s claims against Defendants
arise from his arrest for an alleged parole violation, the revocation of his parole, and
events that occurred after he was re-paroled in May 2011. The matter has been
referred to Magistrate Judge Stephanie Dawkins Davis for all pretrial matters.
On March 31, 2017, Plaintiff filed a motion asking the Court to stay these
proceedings while the Sixth Circuit Court of Appeals decides his motion for
mandamus, asking the appellate court to order the district court to allow Plaintiff to
amend his complaint. (ECF No. 196.) On May 10, 2017, Magistrate Judge Davis
All but five of the thirty-two defendants sued in this action have been dismissed.
entered an order denying Plaintiff’s request for a stay. (ECF No. 199.) Magistrate
Judge Davis concludes that Plaintiff is not likely to succeed on his motion for writ of
mandamus, will not be irreparably harmed absent a stay, and that defendants will be
harmed if the court grants the stay.
On May 26, 2017, this Court received Plaintiff’s objections to Magistrate
Judge Davis’ order. (ECF No. 201.) Today, June 29, 2017, the Sixth Circuit
issued a decision denying Plaintiff’s petition for a writ of mandamus. Thus,
Plaintiff’s motion for a stay is now moot.
Therefore, this Court is rejecting as moot Plaintiff’s objections to Magistrate
Judge Davis’ May 10, 2017 decision. Magistrate Judge Davis’ decision is
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: June 29, 2017
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, June 29, 2017, by electronic and/or U.S.
First Class mail.
s/ R. Loury
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