Stubbs v. Estes et al (INMATE 3)

Filing 11

ORDERED that the 2 motion to stay proceedings is hereby GRANTED and that this case is STAYED until further order of the court. It is further ORDERED that beginning on April 1, 2016, the parties shall file a joint status report every 56 days concerning the status of the resentencing hearing. Signed by Honorable Judge Terry F. Moorer on 2/16/2016. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
TIMOTHY STUBBS, # 149430,
Petitioner,
v.
DEWAYNE ESTES, et al.,
Respondents.

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Civil Action No. 1:15cv872-MHT
(WO)

ORDER
On November 20, 2015, the petitioner filed a motion to stay these proceedings (Doc.
No. 2) pending resolution of Montgomery v. Louisiana, 132 S.Ct. 1546 (2015), by the United
States Supreme Court. On January 25, 2016, the Supreme Court rendered its decision in
Montgomery. See Montgomery v. Louisiana, No. 14-280, 2016 WL 280758 (Jan. 25, 2016).
In light of the Supreme Court’s decision, the parties filed a joint status report on February
5, 2016 (Doc. No. 10), indicating that the parties agree the petitioner is entitled to a
resentencing hearing.
Accordingly, upon consideration of the motion to stay proceedings, the court
concludes that the motion is due to be granted and this case should be stayed pending
conclusion of the resentencing hearing.
Accordingly, it is ORDERED that the motion to stay proceedings (Doc. No. 2) is
hereby GRANTED and that this case is STAYED until further order of the court.
It is further ORDERED that beginning on April 1, 2016, the parties shall file a joint

status report every 56 days concerning the status of the resentencing hearing.
DONE, this 16th day of February, 2016.

/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE

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