Stamps v. Limbaugh et al

Filing 18

MEMORANDUM AND ORDER re: 11 MOTION for Reconsideration re 9 Memorandum & Order,,,,,, filed by Plaintiff Michael Earl Stamps motion is DENIED. Signed by District Judge John A. Ross on 4/25/18. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MICHAEL EARL STAMPS,
Plaintiff,

v.
CHRISTOPHER K. LIMBAUGH, et al.,
Defendants.

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No. 1:18-CV-58 JAR

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff Michael Earl Stamps' motion for
reconsideration of the stay of the case. For the following reasons, the motion will be denied.
On April 11, 2018, the Court stayed all proceedings in this civil case pending final
disposition of the criminal charges pending against plaintiff in State v. Stamps, No. l 7CGCR00356-01 (32nd Judicial Circuit, Cape Girardeau). See ECF No. 9. As the Court stated in its
order, plaintiffs § 1983 claims for illegal seizure, failure to conduct an adequate investigation,
"unlawful pretrial detention," substantive due process violations of his right to be free of illegal
restraint, and conspiracy relate to rulings that "will likely be made in [plaintiffs] pending
criminal trial."

Wallace v. Kato, 549 U.S. 384, 393 (2007).

Plaintiffs pending criminal

proceedings are set for a hearing on May 7, 2018.
It is within the power of the District Court, in accord with common practice, to stay
plaintiffs civil action until the criminal case is ended. Wallace, 549 U.S. at 393-94. If plaintiff
is ultimately convicted in his criminal case, and if this civil case would impugn that conviction, it
will be dismissed under Heck v. Humphrey, 512 U.S. 477 (1994). If not, plaintiff may move to
reopen this case by filing a motion to reopen after the final disposition of his criminal charges.

Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to reconsider the stay of the case is
DENIED. [ECF No. 11]
Dated this 25th day of April, 2018.

JOHN . OSS
UNITE STATES DISTRICT JUDGE

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