Opinion
CASE NO. 1:12-CR-0357 AWI Civil Case No. 1:16-CV-0920 AWI
11-21-2016
LEONARD BROWN, JR., Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER FOR UNITED STATES TO RESPOND TO PETITIONER'S MOTION TO LIFT STAY
This is a petition for relief from sentence under 28 U.S.C. § 2255. Petitioner seeks relief under Johnson v. United States, 135 S.Ct. 2551 (2015). See Doc. No. 36.
On July 6, 2016, the Court stayed this matter pending the Ninth Circuit's resolution of three cases: Gardner v. United States (9th Cir. Case No. 15-72559), Jacob v. United States (9th Cir. Case No. 15-73302), and United States v. Begay (14-10080). See Doc. No. 38. As part of that order, the Court made it clear that, if he believed it appropriate, Petitioner could file a properly supported motion to lift the stay any time prior to a decision in all three of these cases. See id.
On October 31, 2016, Petitioner filed a motion to lift the stay. See Doc. No. 39.
The Court notes that Petitioner's motion inter alia points out that the Ninth Circuit has lifted stays in Gardner and Jacob. A review of the Ninth Circuit docket shows that, on August 1, 2016, the Ninth Circuit lifted the stays in Gardner and Jacob, granted those petitioners' requests to file successive § 2255 petitions, and transferred the cases back to the respective district courts. See
After consideration, the Court finds that it is appropriate for the United States to respond to Petitioner's motion to lift the stay.
Accordingly, IT IS HEREBY ORDERED that: 1. The United States shall file a response to Petitioner's motion to lift stay (Doc. No. 39) on or by December 12, 2016; and 2. Petitioner shall file a reply on or by December 21, 2016. IT IS SO ORDERED. Dated: November 21, 2016
/s/_________
SENIOR DISTRICT JUDGE
Gardner, 9th Cir. Case No. 15-72559 at Doc. No. 42; Jacob, 9th Cir. Case No. 15-73302 at Doc. No. 39. With respect to Begay, the Ninth Circuit deemed the matter submitted for decision on May 26, 2016. See Begay, 9th Cir. Case No. 14-10080 at Doc. No. 76. Since May 26, supplemental authority was submitted in June, August, and September 2016. See id. at Doc. Nos. 78-82. Begay remains under submission with the Ninth Circuit.