ORDER

JAMES C. MAHAN, District Judge.

Presently before the court is United States v. Springer, case no. 2:92-cr-00181-JCM. Calvin Springer ("petitioner") filed a pro se motion to vacate under 28 U.S.C. § 2255 based upon the application of Johnson v. United States, 135 S.Ct. 2551 (2015) to his sentence. (Doc. #371). Petitioner's counsel then filed a motion to stay and hold in abeyance petitioner's motion in order to review this case, and if eligible for relief, to file a motion seeking authorization from the U.S. Court of Appeals for the Ninth Circuit to file an amended application for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. Six days later, petitioner, acting pro se, filed a second motion to vacate. (Doc. #375). Respondent filed a response in opposition, arguing that petitioner's second motion to vacate should be denied as moot because it is duplicative of his first motion to vacate. (Doc. #376).

Thereafter, petitioner, though counsel, filed an amended motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 arguing that based upon the application of Johnson, petitioner's sentence must be vacated and his case set for a de novo sentencing. (Doc. #377). The court will deny petitioner's previous motions as moot and set the briefing schedule for the amended motion to vacate as follows: respondent has thirty days from the date of this order to file a response. Thereafter, petitioner has thirty days to file a reply.

Accordingly,

It is ORDERED that respondent file a response to petitioner's amended motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (doc. #377) no later than thirty (30) days from the date of this order. Petitioner's reply is due thirty (30) days thereafter.

IT IS FURTHER ORDERED that petitioner's motion to stay (doc. #374) is DENIED as moot.

IT IS FURTHER ORDERED that petitioner's motion for relief (doc. #375) is DENIED as moot.