Brown v. Solomon et al

Filing 61

ORDER granting 60 Joint Motion to Stay. The parties shall file a Notice within 60 days of this Order informing the Court of the status of its efforts to settle this case. The 57 Order Setting the Jury Trial, 58 Order Setting Pretrial Deadlines and Instructions and 59 Writ of Habeas Corpus Ad Testificandum are vacated. Signed by Senior Judge Graham Mullen on 4/6/2019. (nvc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:15-cv-66-GCM
MARSHALL LEE BROWN, JR.,

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Plaintiff,
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vs.
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GEORGE T. SOLOMON, et al.,
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Defendants.
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___________________________________ )

ORDER

THIS MATTER is before the Court on the parties’ Joint Motion for a Stay of the
Proceedings, (Doc. No. 60).
The pro se Complaint passed initial review on Plaintiff’s claims that his right to practice
his religion was substantially burdened while he was incarcerated at the Alexander Correctional
Institution in violation of the First Amendment and the Religious Land Use and Institutionalized
Persons Act of 2000. See (Doc. Nos. 1, 7). Defendants’ Motion for Summary Judgment was
granted in part and denied in part and trial was scheduled for May 28, 2019. See (Doc. Nos. 47,
49, 57-59).
The parties have now requested a stay of these proceedings so that they can explore the
possibility of settling the issues to be decided at trial.
It appears that good cause exists for staying these proceedings and that no party will be
prejudiced by a stay. In the interests of justice, the Court will grant the parties’ joint Motion and
stay these proceedings for a period of 60 days. The parties shall file a Notice no later than 60
days of this Order informing the Court of the status of its efforts to settle this case. The Order
setting the jury trial on May 28, 2019, (Doc. No. 57), Order Setting Pretrial Deadlines and

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Instructions, (Doc. No. 58), and the Writ of Habeas Corpus Ad Testificandum, (Doc. No. 59),
will be vacated.
IT IS THEREFORE ORDERED that:
(1)

The Joint Motion for a Stay of the Proceedings, (Doc. No. 60), is GRANTED.

(2)

The parties shall file a Notice within 60 days of this Order informing the Court of
the status of its efforts to settle this case.

(3)

The Order Setting the Jury Trial, (Doc. No. 57), Order Setting Pretrial Deadlines
and Instructions, (Doc. No. 58), and Writ of Habeas Corpus Ad Testificandum,
(Doc. No. 59), are VACATED.

(4)

IT IS FURTHER ORDERED that the Clerk’s Office is respectfully directed to
send a copy of this Order to all parties, the U.S. Marshal, and the Warden of the
Marion Correctional Institution, 355 Old Glenwood Road, Marion, NC 28752.

Signed: April 16, 2019

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