Stockstill v. City of Picayune et al

Filing 28

ORDER granting 27 Motion to Stay Proceedings and Administratively Closing Case for statistical purposes During Pendency of Appeal to the Fifth Circuit Court of Appeals. Signed by Magistrate Judge John C. Gargiulo on 3/9/16 (RLW)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JEREMY STOCKSTILL v. PLAINTIFF CIVIL ACTION NO. 1:16-cv-4-HSO-JCG CITY OF PICAYUNE, ET AL. DEFENDANT ORDER GRANTING UNOPPOSED MOTION TO STAY AND ADMINISTRATIVELY CLOSING CASE DURING PENDENCY OF APPEAL BEFORE THE COURT is an unopposed Motion to Stay [27], filed by Plaintiff Jeremy Stockstill. On February 22, 2016, Plaintiff filed a Notice of Appeal [23] of the Order [21] denying the Motion for Preliminary Injunction. The record has been transmitted and certified as accepted by the Fifth Circuit Court of Appeals and the appeal is currently pending. The Court has reviewed the pleadings on file and finds that until such time as the Fifth Circuit Court of Appeals fully and finally resolves the appeal, this case should be administratively closed. Upon resolution of the appeal and the return of Plaintiff’s claims to this Court, any party may move to reopen this case and lift the stay. IT IS, ORDERED AND ADJUDGED, that the unopposed Motion to Stay [27], filed by Plaintiff Jeremy Stockstill should be and is hereby GRANTED and this case is STAYED and ADMINISTRATIVELY CLOSED for statistical purposes during the pendency of the appeal to the Fifth Circuit Court of Appeals. Within ten [10] days of resolution of the appeal, any party may move to reopen the case and lift the stay. SO ORDERED this the 9th day of March, 2016. /s/ John C. Gargiulo JOHN C. GARGIULO UNITED STATES MAGISTRATE JUDGE 2

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