Smith v. Ludwick

Filing 65

ORDER Adopting 61 Report and Recommendation re 56 Motion for Order Lifting Stay filed by Derrick Smith; Reopening Case; and Setting Deadlines: Petitioner's Amended Petition due by 10/6/2014, Respondent's Amended Answer due by 11/4/2014. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DERRICK LEE SMITH,
Petitioner,
Case No. 10-11052
v.
BONITA HOFFNER,

Hon. John Corbett O’Meara
Hon. Paul J. Komives

Respondent.
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ORDER ADOPTING REPORT
AND RECOMMENDATION AND REOPENING CASE
Before the court is Magistrate Judge Paul J. Komives’s report and
recommendation dated June 30, 2014. No objections have been filed.
IT IS HEREBY ORDERED that Magistrate Judge Komives’s June 30, 2014
report and recommendation is ADOPTED.
IT IS FURTHER ORDERED that Petitioner’s motion to lift stay and reopen
the case is GRANTED.
IT IS FURTHER ORDERED that Petitioner shall file an amended petition
(or indicate his intent to rely on the amended petition previously filed) within thirty
(30) days of the date of this order. Respondent shall file an amended answer and

any additional Rule 5 materials within sixty (60) days of the date of this order.

s/John Corbett O’Meara
United States District Judge
Date: September 5, 2014

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, September 5, 2014, using the ECF system and/or
ordinary mail.

s/William Barkholz
Case Manager

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