Opinion
Case No. 8:11-cv-2016-T-30TBM, Criminal Case No. 8:10-cr-57-T-30TBM.
October 6, 2011
ORDER
This cause if before the Court on Brandon Marshall's ("Marshall") unopposed 28 U.S.C. § 2255 motion to vacate, set aside, or correct sentence (hereinafter "motion" or "motion to vacate"). (Doc. cv-1; cr-142).
On October 4, 2011, the Eleventh Circuit vacated United States v. Rojas, 645 F.3d 1234 (11th Cir. 2011), so that the cause could be reheard by the Eleventh Circuit en banc, see United States v. Rojas, No. 10-14662 (October 4, 2011). Rojas was the controlling law on which the present unopposed motion to vacate was based.
Since Rojas has been vacated, the Court ORDERS:
1. That this case is STAYED.
2. The Clerk is directed to administratively CLOSE this case. Within thirty (30) days of the date the Eleventh Circuit enters its en banc decision in Rojas, Marshall shall file a motion to reopen this case and, if necessary, an amended § 2255 motion to vacate.
DONE and ORDERED in Tampa, Florida.