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Lyles v. U.S., 4:00-CR-55-1H (2018)

Court: District Court, E.D. North Carolina Number: infdco20180711d09 Visitors: 22
Filed: Jul. 10, 2018
Latest Update: Jul. 10, 2018
Summary: ORDER MALCOLM J. HOWARD , Senior District Judge . This matter was stayed by this court's order, pending resolution of Brown . [DE #148]. In light of the petition for certiorari filed in Brown , respondent's motion to lift the stay and motion to dismiss, [DE #150], is DENIED IN PART to the extent respondent moves to lift the stay. For good cause shown, petitioner's motion to stay, [DE #155], is GRANTED, and this matter will remain STAYED pending the United States Supreme Court's resolution
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ORDER

This matter was stayed by this court's order, pending resolution of Brown. [DE #148]. In light of the petition for certiorari filed in Brown, respondent's motion to lift the stay and motion to dismiss, [DE #150], is DENIED IN PART to the extent respondent moves to lift the stay. For good cause shown, petitioner's motion to stay, [DE #155], is GRANTED, and this matter will remain STAYED pending the United States Supreme Court's resolution of United States v. Brown, 868 F.3d 297, 298 (4th Cir. 2017), reh'g en banc denied, 891 F.3d 115 (4th Cir. 2018), petition for cert. filed, (U.S. May 29, 2018) (No. 17-9276), at which time petitioner shall file a response or other appropriate filing regarding his 28 U.S.C. § 2255 motion within 30 days. Respondent shall file a response within 30 days after petitioner's filing.

Source:  Leagle

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