Gates v. Steele

Filing 5

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that Petitioner's motion for leave to proceed in forma pauperis [Doc. 2 ] is GRANTED. IT IS FURTHER ORDERED that Petitioner's motion to stay [Doc. 4 ] is DENIED as moot. Signed by Magistrate Judge David D. Noce on 09/27/2012; (DJO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHNNIE GATES,
Petitioner,
v.
TROY STEELE,
Respondent.

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No. 4:12CV1719 DDN

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s motion to proceed in forma
pauperis and motion to stay.
The Court has reviewed Petitioner’s financial information and finds that the
motion to proceed in forma pauperis should be granted.
Petitioner moves the Court to stay this case pursuant to Rhines v. Weber, 544
U.S. 269 (2005). Petitioner asserts that he has a pending habeas petition in
Washington County, Gates v. Steele, 12WA-CC00301 (24th Cir. Ct.). The state
court, however, dismissed the petition on September 23, 2012. Id. As a result,
Petitioner’s request to stay is moot.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion for leave to proceed in
forma pauperis [Doc. 2] is GRANTED.

IT IS FURTHER ORDERED that Petitioner’s motion to stay [Doc. 4] is
DENIED as moot.

/S/ David D. Noce
UNITED STATES MAGISTRATE JUDGE

Signed on September 27, 2012.

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