Moore v. USA, 1:08-cr-00101-MR-1. (2017)
Court: District Court, W.D. North Carolina
Number: infdco20171115c87
Visitors: 7
Filed: Nov. 14, 2017
Latest Update: Nov. 14, 2017
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court sua sponte . Upon review of the parties' motions, the Court hereby directs the parties to file supplemental briefs on the following issues: whether the Petitioner's arguments under United States v. Simmons , 649 F.3d 237 (4th Cir. 2011) ( en banc ) are procedurally defaulted; if such arguments are subject to default, whether the Government may waive such procedural default; and whether the Government may assert
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court sua sponte . Upon review of the parties' motions, the Court hereby directs the parties to file supplemental briefs on the following issues: whether the Petitioner's arguments under United States v. Simmons , 649 F.3d 237 (4th Cir. 2011) ( en banc ) are procedurally defaulted; if such arguments are subject to default, whether the Government may waive such procedural default; and whether the Government may assert ..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court sua sponte.
Upon review of the parties' motions, the Court hereby directs the parties to file supplemental briefs on the following issues: whether the Petitioner's arguments under United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc) are procedurally defaulted; if such arguments are subject to default, whether the Government may waive such procedural default; and whether the Government may assert procedural default as to certain arguments but waive procedural default as to other arguments asserted with respect to the same claim.
IT IS, THEREFORE, ORDERED that no later than thirty (30) days from entry of this Order, the parties shall file supplemental briefs on the aforementioned issues. Such briefing, which may be separate or joint, shall not exceed five (5) pages in length.
IT IS SO ORDERED.
Source: Leagle
