Toth v. U.S., 3:14-cr-195-RJC-DCK-1. (2018)
Court: District Court, W.D. North Carolina
Number: infdco20180620c89
Visitors: 22
Filed: Jun. 19, 2018
Latest Update: Jun. 19, 2018
Summary: ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court on Petitioner's Motion to Stay Further Proceedings, (Doc. No. 4). Petitioner has filed a pro se Motion to Vacate pursuant to 28 U.S.C. 2255. (Doc. No. 1). On May 16, 2018, the Court ordered the Government to respond to the 2255 petition within 60 days. (Doc. No. 3). Petitioner seeks to stay these 2255 proceedings because he expects to be transferred to another institution, which will take between two a
Summary: ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court on Petitioner's Motion to Stay Further Proceedings, (Doc. No. 4). Petitioner has filed a pro se Motion to Vacate pursuant to 28 U.S.C. 2255. (Doc. No. 1). On May 16, 2018, the Court ordered the Government to respond to the 2255 petition within 60 days. (Doc. No. 3). Petitioner seeks to stay these 2255 proceedings because he expects to be transferred to another institution, which will take between two an..
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ORDER
ROBERT J. CONRAD, JR., District Judge.
THIS MATTER is before the Court on Petitioner's Motion to Stay Further Proceedings, (Doc. No. 4).
Petitioner has filed a pro se Motion to Vacate pursuant to 28 U.S.C. § 2255. (Doc. No. 1). On May 16, 2018, the Court ordered the Government to respond to the § 2255 petition within 60 days. (Doc. No. 3).
Petitioner seeks to stay these § 2255 proceedings because he expects to be transferred to another institution, which will take between two and eight weeks. (Doc. No. 4). Petitioner's transfer will likely be complete before the Government files its Response, and no pleadings are presently due from Petitioner. Therefore, the Motion to Stay will be denied at this time. However, this denial is without prejudice for Petitioner to seek an extension of time to file a Reply to the Government's Response, if warranted by future circumstances.
IT IS, THEREFORE, ORDERED that:
1. Petitioner's Motion to Stay Further Proceedings, (Doc. No. 4), is DENIED.
Source: Leagle
