Opinion
CIVIL ACTION NO. 08-4395, SECTION: "N" (6).
October 17, 2008
ORDER
The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file any objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its own opinion. Accordingly,
IT IS ORDERED that petitioner's motion to stay these proceedings is GRANTED and that the Clerk of Court mark this action CLOSED for statistical purposes.
IT IS FURTHER ORDERED that the Court shall retain jurisdiction in this matter and that petitioner shall be allowed to file a motion to reopen these proceedings, within thirty (30) days after exhausting his state court remedies with respect to the claims asserted in his February 12, 2008 state post-conviction application.