SMITH v. STEPHENS, 3:13-CV-92-L. (2014)
Court: District Court, N.D. Texas
Number: infdco20140528i91
Visitors: 5
Filed: May 27, 2014
Latest Update: May 27, 2014
Summary: ORDER SAM A. LINDSAY, District Judge. This section 2254 habeas case was referred to Magistrate Judge Irma Carrillo Ramirez, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") on March 7, 2014, recommending that the action be stayed until Petitioner exhausts his state court remedies. No objections to the Report were filed. After carefully reviewing the pleadings, file, record in this case, and Report, the court determines that the findings and
Summary: ORDER SAM A. LINDSAY, District Judge. This section 2254 habeas case was referred to Magistrate Judge Irma Carrillo Ramirez, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") on March 7, 2014, recommending that the action be stayed until Petitioner exhausts his state court remedies. No objections to the Report were filed. After carefully reviewing the pleadings, file, record in this case, and Report, the court determines that the findings and ..
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ORDER
SAM A. LINDSAY, District Judge.
This section 2254 habeas case was referred to Magistrate Judge Irma Carrillo Ramirez, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") on March 7, 2014, recommending that the action be stayed until Petitioner exhausts his state court remedies. No objections to the Report were filed. After carefully reviewing the pleadings, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Rather than stay the case, the court directs the clerk of the court to administratively close the case. After Petitioner exhausts his state court remedies, he shall move within 30 days to reopen this case after the Court of Criminal Appeals has ruled on his state writ. Failure to do so will result in dismissal of this action without prejudice pursuant to Federal Rule of Federal Procedure 41(b).
It is so ordered.
Source: Leagle
