Lowery v. USA

Filing 65

ORDER denying without prejudice 63 Defendant's Motion For A Stay Of Case In Light Of Lapse Of Appropriations. Signed by Magistrate Judge David Keesler on 1/3/19. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-701-DCK
MARSHALL O. LOWERY,

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Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

ORDER

THIS MATTER IS BEFORE THE COURT on Defendant’s “Motion For A Stay Of
Case In Light Of Lapse Of Appropriations” (Document No. 63) filed December 2, 2018. The
parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and
immediate review is appropriate. Having carefully considered the motion and the record, the
undersigned will deny the motion without prejudice.
If the partial Government shutdown continues through January 11, 2019, the Court will
reconsider a stay of this case.
IT IS, THEREFORE, ORDERED that Defendant’s “Motion For A Stay Of Case In Light
Of Lapse Of Appropriations” (Document No. 63) is DENIED WITHOUT PREJUDICE.

Signed: January 3, 2019