DEGREE v. U.S., 3:04-cr-250-RJC-6 (2015)
Court: District Court, W.D. North Carolina
Number: infdco20150128e73
Visitors: 16
Filed: Jan. 26, 2015
Latest Update: Jan. 26, 2015
Summary: ORDER ROBERT J. CONRAD, Jr., District Judge. THIS MATTER is before the Court following the filing of the Fourth Circuit's en banc opinion in Whiteside v. United States , ___ F.3d ___, 2014 WL 7245453 (4th Cir. Dec. 19, 2014). The Court granted the Government's motion to stay this 2255 proceeding pending the resolution of the Whiteside case and as this case has been resolved following en banc hearing, the Government will now be ordered to file a response to Petitioner's 2255 motion wit
Summary: ORDER ROBERT J. CONRAD, Jr., District Judge. THIS MATTER is before the Court following the filing of the Fourth Circuit's en banc opinion in Whiteside v. United States , ___ F.3d ___, 2014 WL 7245453 (4th Cir. Dec. 19, 2014). The Court granted the Government's motion to stay this 2255 proceeding pending the resolution of the Whiteside case and as this case has been resolved following en banc hearing, the Government will now be ordered to file a response to Petitioner's 2255 motion with..
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ORDER
ROBERT J. CONRAD, Jr., District Judge.
THIS MATTER is before the Court following the filing of the Fourth Circuit's en banc opinion in Whiteside v. United States, ___ F.3d ___, 2014 WL 7245453 (4th Cir. Dec. 19, 2014). The Court granted the Government's motion to stay this § 2255 proceeding pending the resolution of the Whiteside case and as this case has been resolved following en banc hearing, the Government will now be ordered to file a response to Petitioner's § 2255 motion within twenty-one (21) days from entry of this Order.
IT IS, THEREFORE, ORDERED that:
1. Respondent's motion to lift STAY is GRANTED. (Doc. No. 7).
2. Respondent's motion to hold this case in abeyance is DISMISSED as moot. (Doc. No. 6).
3. Respondent shall have twenty-one (21) days from entry of this Order to file a response to Petitioner's § 2255 motion and supplemental claims for relief.
IT IS SO ORDERED.
Source: Leagle
