PRATT v. U.S., 2:01-0152 WBS. (2016)
Court: District Court, E.D. California
Number: infdco20160603b00
Visitors: 5
Filed: Jun. 02, 2016
Latest Update: Jun. 02, 2016
Summary: ORDER WILLIAM B. SHUBB , District Judge . On June 1, 2016, the Ninth Circuit held that petitioner Aaron Edward Pratt was authorized to file a successive motion pursuant to 28 U.S.C. 2255 and that he makes a prima facie showing under Johnson v. United States , 135 S.Ct. 2551 (2015). (Docket No. 41.) The Ninth Circuit indicated that this court could proceed with the 2255 motion filed on May 12, 2016 or stay proceedings until the Ninth Circuit decided cases addressing the issue raised i
Summary: ORDER WILLIAM B. SHUBB , District Judge . On June 1, 2016, the Ninth Circuit held that petitioner Aaron Edward Pratt was authorized to file a successive motion pursuant to 28 U.S.C. 2255 and that he makes a prima facie showing under Johnson v. United States , 135 S.Ct. 2551 (2015). (Docket No. 41.) The Ninth Circuit indicated that this court could proceed with the 2255 motion filed on May 12, 2016 or stay proceedings until the Ninth Circuit decided cases addressing the issue raised in..
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ORDER
WILLIAM B. SHUBB, District Judge.
On June 1, 2016, the Ninth Circuit held that petitioner Aaron Edward Pratt was authorized to file a successive motion pursuant to 28 U.S.C. § 2255 and that he makes a prima facie showing under Johnson v. United States, 135 S.Ct. 2551 (2015). (Docket No. 41.) The Ninth Circuit indicated that this court could proceed with the § 2255 motion filed on May 12, 2016 or stay proceedings until the Ninth Circuit decided cases addressing the issue raised in Pratt's motion. (Id.)
The court therefore STAYS this action until the Ninth Circuit decides 15-72559, Gardner v. United States, and 15-73302, Jacob v. United States and vacates the briefing schedule on Pratt's § 2255 motion. Within ten days of the Ninth Circuit issuing its decision in those cases, the Government shall file a status report proposing a briefing schedule for Pratt's § 2255 motion.
IT IS SO ORDERED.
Source: Leagle
