Jemison v. United States of America (INMATE 3)

Filing 24

ORDER directing as follows: 1) The petitioner's 20 MOTION to Stay the Proceedings on his 2255 motion is GRANTED and this court's determination of the issues presented in the 2255 motion is held in abeyance; 2) The government shall file wi th this court a report of the status of the petitioner's criminal case and his motion for reduction of sentence under 18 USC 3582(c)(2), beginning 2/2/2009, and every 30 days thereafter; Status Report due by 2/2/2009. Signed by Honorable Charles S. Coody on 1/22/2009. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J A M E S JEMISON, JR., P e titio n e r, v. UNITED STATES OF AMERICA, R e sp o n d e n t. ) ) ) ) ) ) ) ) )

Civil Action No. 2:08cv714-WHA (WO)

ORDER T h e petitioner has filed a motion requesting that this court stay the proceedings on his m o tio n filed pursuant to 28 U.S.C. § 2255 pending a determination of his motion for a re d u c tio n of sentence under 18 U.S.C. § 3582(c)(2) based on the amended crack cocaine s e n te n c i n g guidelines. (Doc. No. 20.) The government has indicated that it does not oppose th e petitioner's motion to stay the proceedings on his § 2255 motion. (Doc. No. 21.) A c c o r d in g ly, and for good cause, it is ORDERED as follows: 1 . The petitioner's motion to stay the proceedings on his § 2255 motion (Doc. No. 20) is GRANTED and this court's determination of the issues presented in the § 2255 motion is h e ld in abeyance. 2 . The government shall file with this court a report on the status of the petitioner's c rim in a l case and his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2),

b eg inn ing February 2, 2009, and every 30 days thereafter. D o n e this 22 n d day of January, 2009.

/s/Charles S. Coody CHARLES S. COODY U N IT E D STATES MAGISTRATE JUDGE

2