Opinion
C22-5806-JHC-SKV
03-01-2023
ANTONIO JULIUS BRADLEY, SR, Plaintiff, v. BRANDON MIRES, et al., Defendant.
ORDER
JOHN H. CHUN, UNITED STATES DISTRICT JUDGE
Having reviewed the Report and Recommendation of the Honorable S. Kate Vaughan, United States Magistrate Judge, any objections or responses, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation.
(2) Defendants' Motion to Dismiss, Dkt. 11, is DENIED.
(3) This matter is STAYED until the underlying state court criminal proceedings against Plaintiff conclude.
(4) Plaintiff is ORDERED to file a status report with this Court every one hundred and twenty (120) days, informing the Court of the status of his state court criminal proceedings. Plaintiff's first status report will be due on or before June 29, 2023 .
(5) Within thirty (30) days after the state court issues a mandate or certificate of finality in his state court criminal proceedings, Plaintiff is ORDERED to file a motion to lift the stay in this action.
(6) The Clerk is directed to send copies of this Order to the parties and to Judge Vaughan.