Wallace v. Banks

Filing 20

ORDER LIFTING STAY. Signed by District Judge Carlton W. Reeves on 09/27/2017. (mm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
ERIC WALLACE

PETITIONER

V.

CAUSE NO. 3:15-CV-669-CWR-RHW

SUPERINTENDENT BANKS;
ATTORNEY GENERAL OF THE STATE
OF MISSISSIPPI

RESPONDENTS

ORDER LIFTING STAY
On September 20, 2016, this Court entered an order staying this case to allow Petitioner
Eric Wallace to exhaust his ineffective assistance of counsel ground in state court. Docket No.
15. Wallace subsequently filed for post-conviction relief in state court. Docket No. 19-1. On
August 23, 2017, the Mississippi Supreme Court entered an order denying Wallace’s Application
for Leave to Proceed in the Trial Court. Id. Respondents then filed a Notice of Ruling to notify
this Court of that decision. Docket No. 19.
Because Wallace has now exhausted his ineffective assistance of counsel ground in state
court, the stay imposed by the September 20, 2016 order is hereby lifted. The case is submitted
to the Magistrate Judge for further proceedings.
SO ORDERED, this the 27th day of September, 2017.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE