Opinion
CIVIL CASE NO. 4:20-CV-207-SDJ
02-10-2021
DEVIN CUMMINGS v. OFFICER WEBB, ET AL.
MEMORANDUM ADOPTING THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report and Recommendation of the United States Magistrate Judge ("Report"), this matter having been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On December 22, 2020, the Report of the Magistrate Judge, (Dkt. #31), was entered containing proposed findings of fact and recommendations that the Court: stay and administratively close this civil case until Plaintiff Devin Cummings's underlying criminal proceedings in state court for resisting arrest and possession of marijuana are complete; instruct Plaintiff Devin Cummings to file a notice with the Court every six months; and deny as moot without prejudice to refiling the pending Motions to Dismiss. (Dkts. #14, #17). Having assessed the Report, and no objections thereto having been timely filed, the Court determines that the Magistrate Judge's Report should be adopted.
It is therefore ORDERED that the Motions to Dismiss, (Dkts. #14, #17), are DENIED as moot without prejudice to refiling following any reinstatement of this case.
It is further ORDERED this case is STAYED and ADMINISTRATIVELY CLOSED until Plaintiff Devin Cummings's underlying criminal proceedings in state court for resisting arrest and possession of marijuana are complete.
It is further ORDERED that Plaintiff Devin Cummings shall file a notice with the Court every six months regarding the status of the underlying criminal proceedings.
It is finally ORDERED that Plaintiff Devin Cummings shall file a "motion to reinstate" this case within thirty days from the date the underlying criminal proceedings are complete.
So ORDERED and SIGNED this 10th day of February, 2021.
/s/_________
SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE