McNeal v. Williams

Full title: Marcus Sharif McNeal, Petitioner, v. Brian E. Williams, et al.…

Court: United States District Court, District of Nevada

Date published: Apr 6, 2023

2:16-cv-01618-JAD-EJY (D. Nev. Apr. 6, 2023)

Opinion

2:16-cv-01618-JAD-EJY

04-06-2023

Marcus Sharif McNeal, Petitioner, v. Brian E. Williams, et al., Respondents.

Jennifer A. Dorsey, U.S. District Judge

ORDER GRANTING THE RESPONDENTS' MOTION TO VACATE STAY AND REOPEN PROCEEDINGS

[ECF NO. 105]

Jennifer A. Dorsey, U.S. District Judge

The respondents move to vacate the stay entered pending resolution of Petitioner Marcus Sharif McNeal's appeal to the Ninth Circuit Court of Appeals.¹ McNeal filed a Notice of Non-Opposition.² Because the Ninth Circuit Court of Appeals issued its mandate³ concluding McNeal's appeal, I grant the respondents' motion and set a briefing schedule for the merits of McNeal's remaining claims.

1 ECF No. 105.

2 ECF No. 106.

3 ECF No. 104.

IT IS THEREFORE ORDERED that:

1. The respondents' Motion to Vacate Stay and Reopen Habeas Proceedings (ECF No. 105) is GRANTED.

2. The respondents must file an answer addressing the remaining claims of the fifth amended petition for writ of habeas corpus by May 6, 2023.

3. McNeal will have 60 days from the date of service of the answer to file a reply.