Shareef v. Donahoe et al

Filing 86

ORDER granting 85 Motion to Stay Pending Resolution Of Appeal To Fourth Circuit Court Of Appeals; Further Ordered that plaintiff file a response to 62 Motion to Dismiss Or, In The Alternative, For Summary Judgment within 14 days of the Fourth Circuits resolution of both appeals. Signed by Magistrate Judge David Keesler on 8/29/2013. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:11-CV-615-DCK
KIMBERLY F. SHAREEF,
Plaintiff,
v.
PATRICK R. DONAHOE,
Postmaster General, U.S. Postal Service,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Motion To Stay Further
Proceedings Pending Resolution Of Appeal To Fourth Circuit Court Of Appeals” (Document
No. 82). The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. §
636(c), and immediate review of this motion is appropriate. Having carefully considered the
motion and the record, the undersigned will grant the motion.
The undersigned notes that Plaintiff has now appealed two (2) of the Court’s orders, and
that decisions on those appeals by the Fourth Circuit are still pending. See (Document Nos. 67
and 83).
IT IS, THEREFORE, ORDERED that “Plaintiff’s Motion To Stay Further Proceedings
Pending Resolution Of Appeal To Fourth Circuit Court Of Appeals” (Document No. 82) is
GRANTED. This matter is STAYED, pending resolution by the Fourth Circuit Court Of
Appeals of Plaintiff’s appeals of the undersigned’s “Order” (Document No. 55) and “Order”
(Document No. 81).
IT IS FURTHER ORDERED that Plaintiff shall file a response to “Federal Defendant’s
Motion To Dismiss Or, In The Alternative, For Summary Judgment” (Document No. 62) within

fourteen (14) days of the Fourth Circuit’s resolution of both appeals. Failure to file a timely and
persuasive response may lead to Defendant being granted the relief sought, including dismissal
of this lawsuit.
SO ORDERED.
Signed: August 29, 2013

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