Caruth v. United States, 5:09-CR-75-1H (2019)
Court: District Court, E.D. North Carolina
Number: infdco20190821c89
Visitors: 4
Filed: Aug. 20, 2019
Latest Update: Aug. 20, 2019
Summary: ORDER MALCOLM J. HOWARD , Senior District Judge . This matter is before the court on petitioner's motion to vacate pursuant to 28 U.S.C. 2255, [DE #117]. This matter was stayed pending the Fourth Circuit's resolution of United States v. Walker , 2019 WL 3756052, ___ F.3d ___ (4th Cir. 2019), and United States v. Simms , 914 F.3d 229 (4th Cir. 2019). [DE #139]. In light of the Supreme Court's resolution of United States v. Davis , 139 S.Ct. 2319 (2019), the stay is hereby lifted. Pet
Summary: ORDER MALCOLM J. HOWARD , Senior District Judge . This matter is before the court on petitioner's motion to vacate pursuant to 28 U.S.C. 2255, [DE #117]. This matter was stayed pending the Fourth Circuit's resolution of United States v. Walker , 2019 WL 3756052, ___ F.3d ___ (4th Cir. 2019), and United States v. Simms , 914 F.3d 229 (4th Cir. 2019). [DE #139]. In light of the Supreme Court's resolution of United States v. Davis , 139 S.Ct. 2319 (2019), the stay is hereby lifted. Peti..
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ORDER
MALCOLM J. HOWARD, Senior District Judge.
This matter is before the court on petitioner's motion to vacate pursuant to 28 U.S.C. § 2255, [DE #117]. This matter was stayed pending the Fourth Circuit's resolution of United States v. Walker, 2019 WL 3756052, ___ F.3d ___ (4th Cir. 2019), and United States v. Simms, 914 F.3d 229 (4th Cir. 2019). [DE #139]. In light of the Supreme Court's resolution of United States v. Davis, 139 S.Ct. 2319 (2019), the stay is hereby lifted.
Petitioner is directed to file a supplement, or other appropriate filing or motion, to the § 2255 motion to vacate within twenty-one (21) days of this order. The government shall then have twenty-one (21) days to file a response, if appropriate. In the event the parties agree petitioner is entitled to § 2255 relief, they may file a joint response within twenty-one (21) days of this order, addressing the appropriate remedy in this action.
Source: Leagle
