Nicolais v. Cheramie

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

CHRISTOPHER VINCENT NICOLAIS CIVIL ACTION

VERSUS NO. 23-7094

BRAD CHERAMIE, ET AL. SECTION: “T”(3)

O R D E R

The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, R. Doc. 81, and the failure of any party to file an 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 opinion in this matter. Therefore, IT IS ORDERED that the Joint Motion to Stay Proceedings and for Extension of Pretrial Deadlines on Behalf of Defendants Brad Cheramie, Robert Stolz, and Todd Rivere, R. Doc. 76, is GRANTED. It is FURTHER ORDERED that the claims against defendants Brad Cheramie, Robert Stolz, and Todd Rivere are STAYED. It is FURTHER ORDERED that the Clerk of Court mark this action CLOSED for statistical purposes. Within a reasonable time after the finality of Nicolais’s conviction or upon disposition of the charges in his favor, plaintiff, or any other party, may move to reopen the matter for further proceedings consistent with Heck v. Humphrey, 512 U.S. 477 (1994). The failure to timey file a motion to reopen could waive his opportunity to proceed with this civil action. New Orleans, Louisiana, this 28th day of April , 2025.

GREG GERARD GUIDRY UNITED STATES DISTRICT JUDGE