Filed: Feb. 16, 2016
Latest Update: Feb. 16, 2016
Summary: ORDER TERRY F. MOORER , Magistrate Judge . On November 20, 2015, the petitioner filed a motion to stay these proceedings (Doc. No. 2) pending resolution of Montgomery v. Louisiana, 132 S.Ct. 1546 (2015), by the United States Supreme Court. On January 25, 2016, the Supreme Court rendered its decision in Montgomery. See Montgomery v. Louisiana, No. 14-280, 2016 WL 280758 (Jan. 25, 2016). In light of the Supreme Court's decision, the parties filed a joint status report on February 5, 201
Summary: ORDER TERRY F. MOORER , Magistrate Judge . On November 20, 2015, the petitioner filed a motion to stay these proceedings (Doc. No. 2) pending resolution of Montgomery v. Louisiana, 132 S.Ct. 1546 (2015), by the United States Supreme Court. On January 25, 2016, the Supreme Court rendered its decision in Montgomery. See Montgomery v. Louisiana, No. 14-280, 2016 WL 280758 (Jan. 25, 2016). In light of the Supreme Court's decision, the parties filed a joint status report on February 5, 2016..
More
ORDER
TERRY F. MOORER, Magistrate Judge.
On November 20, 2015, the petitioner filed a motion to stay these proceedings (Doc. No. 2) pending resolution of Montgomery v. Louisiana, 132 S.Ct. 1546 (2015), by the United States Supreme Court. On January 25, 2016, the Supreme Court rendered its decision in Montgomery. See Montgomery v. Louisiana, No. 14-280, 2016 WL 280758 (Jan. 25, 2016). In light of the Supreme Court's decision, the parties filed a joint status report on February 5, 2016 (Doc. No. 10), indicating that the parties agree the petitioner is entitled to a resentencing hearing.
Accordingly, upon consideration of the motion to stay proceedings, the court concludes that the motion is due to be granted and this case should be stayed pending conclusion of the resentencing hearing.
Accordingly, it is ORDERED that the motion to stay proceedings (Doc. No. 2) is hereby GRANTED and that this case is STAYED until further order of the court.
It is further ORDERED that beginning on April 1, 2016, the parties shall file a joint status report every 56 days concerning the status of the resentencing hearing.
