Sewell v. United States of America (INMATE3)

Filing 15

ORDER ON MOTION granting 13 Motion to Hold in Abeyance; this court's determination of the issues presented in the § 2255 motion shall be held in abeyance pending the en banc Eleventh Circuit Court of Appeal's decision in Gilbert v. United States. Signed by Honorable Susan Russ Walker on 4/19/2011. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
TIMOTHY JEVON SEWELL,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil Action No. 2:10cv658-ID
(WO)

ORDER ON MOTION
The court having considered the government’s motion requesting a stay of the
proceedings on the petitioner’s motion pursuant to 28 U.S.C. § 2255 (Doc. No. 13), and good
cause having been shown, it is hereby
ORDERED that the government’s motion (Doc. No. 13) is GRANTED, and this
court’s determination of the issues presented in the § 2255 motion shall be held in abeyance
pending the en banc Eleventh Circuit Court of Appeal’s decision in Gilbert v. United States,
609 F.3d 1159 (11th Cir. 2010), vacated on rehearing en banc, 625 F.3d 716 (11 th Cir. Nov.3,
2010).
Done this 19th day of April, 2011.

/s/Susan Russ Walker
SUSAN RUSS WALKER
CHIEF UNITED STATES MAGISTRATE JUDGE