U.S. v. UPSHAW, CR 14-208 YGR. (2016)
Court: District Court, N.D. California
Number: infdco20160817944
Visitors: 10
Filed: Aug. 16, 2016
Latest Update: Aug. 16, 2016
Summary: ORDER DENYING MOTION FOR STAY Re: Dkt. No. 85. YVONNE GONZALEZ ROGERS , District Judge . The Government's Motion for Stay is DENIED for failure to demonstrate that such stay is warranted. See Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059 , 1066 (9th Cir. 2007); Yong v. I.N.S., 208 F.3d 1116 , 1120 (9th Cir. 2000) (noting that special considerations implicated by habeas proceedings place unique limits on discretionary stays); see also Order, Jacob v. United
Summary: ORDER DENYING MOTION FOR STAY Re: Dkt. No. 85. YVONNE GONZALEZ ROGERS , District Judge . The Government's Motion for Stay is DENIED for failure to demonstrate that such stay is warranted. See Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059 , 1066 (9th Cir. 2007); Yong v. I.N.S., 208 F.3d 1116 , 1120 (9th Cir. 2000) (noting that special considerations implicated by habeas proceedings place unique limits on discretionary stays); see also Order, Jacob v. United S..
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ORDER DENYING MOTION FOR STAY
Re: Dkt. No. 85.
YVONNE GONZALEZ ROGERS, District Judge.
The Government's Motion for Stay is DENIED for failure to demonstrate that such stay is warranted. See Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007); Yong v. I.N.S., 208 F.3d 1116, 1120 (9th Cir. 2000) (noting that special considerations implicated by habeas proceedings place unique limits on discretionary stays); see also Order, Jacob v. United States, Case No. 15-73302 (9th Cir. Aug. 1, 2016) (Dkt. No. 39) (lifting stay and finding petitioner could proceed based on a prima facie showing under Johnson v. United States, 135 S.Ct. 2551 (2015), which has a retroactive effect in cases on collateral review per Welch v. United States, 136 S.Ct. 1257, 1264-68 (2016)); Order, Gardner v. United States, Case No. 15-72559 (9th Cir. Aug. 1, 2016) (Dkt. No. 42) (same).
This Order terminates Docket No. 85.
IT IS SO ORDERED.
Source: Leagle
