Opinion
CRIMINAL ACTION 05-454-01
09-27-2023
ORDER
KEARNEY JUDGE
AND NOW, this 27th day of September 2023, upon considering Defendant's Motion to lift the stay (ECF No. 131), Defendant's habeas Petition under 28 U.S.C. § 2255 (ECF No. 125), and for reasons in today's accompanying Memorandum, it is ORDERED:
1. Defendant's Motion to lift the stay (ECF No. 178) is GRANTED;
Chief Judge Petrese B. Tucker's August 19, 2016 Administrative Order stayed progress on all motions filed under 28 U.S.C. § 2255 seeking collateral relief based on Johnson v. United Slates, 576 U.S. 591 (2015). The Administrative Order no longer applies as detailed in today's accompanying Memorandum.
2. Defendant's Petition (ECF No. 159) is DENIED;
3. We DENY a certificate of appealability; and, 4. The Clerk of Court shall close this case.
See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).