McKenzie v. Steele

Filing 34

MEMORANDUM: This matter is before the Court on review of Respondent's Response to Court Order ("response")[Doc. 33 ]. This Court recently directed Respondents to file a status report within five days of the resolutionof Petitioner 's Georgia habeas proceeding. (See Order, dated Apr. 9, 2013 [Doc. 32 ].) In that order, thisCourt also vacated the stay of this proceeding effective May 14, 2013.By their response, Respondents report that Petitioner's habeas proceedi ng in Georgia wasresolved on April 29, 2013, with the Georgia Supreme Court's denial of Petitioner's application for acertificate of probable cause to appeal. Respondents suggest that "[u]nder these circumstances, the Courtshould dissolve the stay of proceedings." To clarify the record, the stay of these proceedings is vacated as of May 14, 2013. Signed by Magistrate Judge Thomas C. Mummert, III on May 10, 2013. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DALE McKENZIE,
Petitioner,
vs.
TROY STEELE and CHRIS KOSTER,
Respondents.

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) Case no. 4:10cv01494 AGF/TCM
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MEMORANDUM
This matter is before the Court on review of Respondent's Response to Court Order ("response")
[Doc. 33].
This Court recently directed Respondents to file a status report within five days of the resolution
of Petitioner's Georgia habeas proceeding. (See Order, dated Apr. 9, 2013 [Doc. 32].) In that order, this
Court also vacated the stay of this proceeding effective May 14, 2013.
By their response, Respondents report that Petitioner's habeas proceeding in Georgia was
resolved on April 29, 2013, with the Georgia Supreme Court's denial of Petitioner's application for a
certificate of probable cause to appeal. Respondents suggest that "[u]nder these circumstances, the Court
should dissolve the stay of proceedings."
To clarify the record, the stay of these proceedings is vacated as of May 14, 2013.
SO ORDERED.

/s/ Thomas C. Mummert, III
THOMAS C. MUMMERT, III
UNITED STATES MAGISTRATE JUDGE
Dated this 10th day of May, 2013.