Page v. Hogans

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 28 Report and Recommendations, and denying 29 Motion for Extension of Time to File Response/Reply. The Clerk of the Court shall administratively close this case until Petitioner exhausts state remedies. Signed by District Judge Carlton W. Reeves on 9/27/18 (VM)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
ETHEL ANTONIO PAGE
V.

PETITIONER
CAUSE NO. 3:15-CV-597-CWR-FKB

WARDEN NORRIS HOGANS

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court pursuant to the Report and Recommendation of United
States Magistrate Judge F. Keith Ball entered on July 31, 2018. Docket No. 28. The Report
clearly notified the respective parties in the above-styled and numbered cause that failure to file
written objections to the findings and recommendations contained therein within 14 days from
the date of filing would bar further appeal in accordance with 28 U.S.C. § 636 and Fed. R. Civ.
P. 72(b)(2). This Court, finding that there has been no submission of written objections by any
party within the allotted time, hereby adopts said Report and Recommendation as the Order of
this Court.
Next Friend of Petitioner, Annie L. Hicks, has also filed a motion for an unspecified
extension of time to exhaust post-conviction relief in state court. The Court believes the 58 days
that have passed since the entry of the Report, along with the 45 days allotted after the entry of
this Order, will be sufficient time for Petitioner or Ms. Hicks to obtain counsel. Accordingly, the
motion for an extension of time is denied.
Petitioner shall file a motion pursuant to Rule 4 of the Mississippi Rules of Appellate
Procedure before the Circuit Court of Lauderdale County within 45 days of entry of this Order.
Petitioner should file a motion to dissolve this stay and proceed with this case within 45 days of
the final resolution of his post-conviction claims by the Mississippi state courts. The Clerk of the
Court shall administratively close this case until Petitioner exhausts state remedies.

SO ORDERED, this the 27th day of September, 2018.
/s/ Carlton W. Reeves______________
UNITED STATES DISTRICT JUDGE