Opinion
21-cv-275-jdp
12-02-2022
JAMES A. HUFF, Petitioner, v. WARDEN MATTHEW MARSKE, Respondent.
ORDER
JAMES D. PETERSON, District Judge
Petitioner James A. Huff, now represented by counsel, seeks relief under 28 U.S.C. § 2241 following his conviction in federal court. A key issue is whether I may grant Huff relief under the “savings clause” of 28 U.S.C. § 2255. I ordered respondent to show cause why I should not grant the petition. In its response, respondent contended that I should deny the petition or, alternatively, stay the case pending the Supreme Court's decision in Jones v. Hendrix, S.Ct. Case No. 21-857, which was argued on November 1, 2022. Huff has filed an unopposed motion to stay this case pending the decision in Jones. Dkt. 12. I agree that the most efficient course of action is to stay this case until the Supreme Court decides Jones.
ORDER
IT IS ORDERED that:
1. Petitioner's unopposed motion to stay, Dkt. 12, is GRANTED.
2. This case is STAYED and ADMINISTRATIVELY CLOSED pending the Supreme Court's decision in Jones.
3. Promptly after the Supreme Court has decided Jones, the parties shall file a joint notice that includes a copy of the Jones decision. At that time, I will lift the stay, reopen the case, and set a new briefing schedule.