Opinion
Case No. 04-20150-JWL
06-29-2016
United States of America, Plaintiff, v. Larry Rucker, Defendant.
MEMORANDUM & ORDER
On May 20, 2016, Mr. Rucker filed an application for leave to file a successive § 2255 petition with the Tenth Circuit. On June 24, 2016, the Circuit abated that application pending further proceedings. The Circuit has not yet ruled on the application. Based on a presumptive June 27, 2016 deadline to file any § 2255 petitions based on Johnson v. United States, 135 S. Ct. 2551 (2015), Mr. Rucker filed his successive § 2255 petition in this court on June 24, 2016 and simultaneously filed a motion to stay consideration of the motion until he receives a ruling from the Circuit on his application. The court concludes that Mr. Rucker's filing of the application with the Circuit tolls the one-year statute of limitations and that the limitations period remains tolled until the Circuit rules on the application. See Orona v. United States, ___ F.3d ___, 2016 WL 3435692 (9th Cir. June 22, 2016). A stay, then, is unnecessary.
IT IS THEREFORE ORDERED BY THE COURT THAT Mr. Rucker's motion to stay (doc.91) is moot.
IT IS SO ORDERED.
Dated this 29th day of June, 2016, at Kansas City, Kansas.
s/ John W. Lungstrum
John W. Lungstrum
United States District Judge