Medrano v. Davis

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 42 Amended Report and Recommendations, GRANTING 32 MOTION to Stay Proceedings Pending Exhaustion of State Remedies. Case stayed. Case administratively closed on 3/13/2020. (Signed by Judge Micaela Alvarez) Parties notified.(JenniferNogueira, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
RODOLFO MEDRANO
VS
LORI DAVIS

March 13, 2020
David J. Bradley, Clerk

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§ CIVIL ACTION NO. M-17-69
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ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Petitioner Rodolfo Medrano’s Motion to Stay Proceedings
Pending Exhaustion of State Remedies, which had been referred to the Magistrate Court for a
report and recommendation. On January 15, 2020, the Magistrate Court issued the Amended
Report and Recommendation, recommending that Petitioner’s motion to stay be granted, that this
case be stayed and administratively closed, and that Petitioner be ordered to initiate state court
remedies within thirty (30) days after the stay is entered and to move to re-open this case within
thirty (30) days after the conclusion of the state litigation. Respondent has filed timely objections
to the Magistrate Court’s Amended Report and Recommendation and Petitioner has responded to
those objections.
Pursuant to 28 U.S.C. § 636(b)(1)(c), the Court has made a de novo determination of
those portions of the report to which objections have been made. As to those portions to which
no objections have been made, in accordance with Federal Rule of Civil Procedure 72(b), the
Court has reviewed the report for clear error.
Having thus reviewed the record in this case, the parties’ filing and the applicable law,
the Court adopts the Amended Report and Recommendation in its entirety. Accordingly, it is
hereby ORDERED that Petitioner’s Motion to Stay is GRANTED, that this case is STAYED and
is administratively CLOSED, and Petitioner is ORDERED to initiate state court proceedings
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within thirty (30) days after this stay is entered and thereafter move to re-open this case within
thirty (30) days after the conclusion of the state litigation.
IT IS SO ORDERED.
DONE at McAllen, Texas, this 13th day of March, 2020.
___________________________________
Micaela Alvarez
United States District Judge

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