Wynn v. United States, 3:16-cr-00074-MOC-DCS-3. (2019)
Court: District Court, W.D. North Carolina
Number: infdco20191009i51
Visitors: 8
Filed: Oct. 08, 2019
Latest Update: Oct. 08, 2019
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the Court on Petitioner's "Motion to Lift 10/19/2017 Abeyance" [Doc. 6]. Petitioner's Pro Se Section 2255 Motion to Vacate Sentence [Doc. 1] has been stayed since October 19, 2017, pending the decision of the Fourth Circuit Court of Appeals in United States v. Ali , No. 15-4433. The Fourth Circuit stayed Ali pending the Supreme Court's decision in United States v. Davis , No. 18-431. On June 24, 2019, the Supreme Court
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the Court on Petitioner's "Motion to Lift 10/19/2017 Abeyance" [Doc. 6]. Petitioner's Pro Se Section 2255 Motion to Vacate Sentence [Doc. 1] has been stayed since October 19, 2017, pending the decision of the Fourth Circuit Court of Appeals in United States v. Ali , No. 15-4433. The Fourth Circuit stayed Ali pending the Supreme Court's decision in United States v. Davis , No. 18-431. On June 24, 2019, the Supreme Court ..
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ORDER
MAX O. COGBURN, JR., District Judge.
THIS MATTER is before the Court on Petitioner's "Motion to Lift 10/19/2017 Abeyance" [Doc. 6].
Petitioner's Pro Se Section 2255 Motion to Vacate Sentence [Doc. 1] has been stayed since October 19, 2017, pending the decision of the Fourth Circuit Court of Appeals in United States v. Ali, No. 15-4433. The Fourth Circuit stayed Ali pending the Supreme Court's decision in United States v. Davis, No. 18-431. On June 24, 2019, the Supreme Court decided Davis.
Petitioner now moves to have the stay is this matter lifted and the Government ordered to respond to Petitioner's Section 2255 motion within thirty (30) days. On review of the file of Petitioner's criminal proceedings, the Court will grant Petitioner's motion.
IT IS, THEREFORE, ORDERED that:
(1) Petitioner's Motion to Lift Stay [Doc. 6] is GRANTED and the stay in this matter is hereby LIFTED.
(2) The Government shall have thirty (30) days from this Order to file its response in this matter.
Source: Leagle
