Pendleton v. United States of America (INMATE 3)

Filing 11

ORDERED as follows: (1) Petitioner Eugene Lamar Pendleton's 9 objection to the magistrate judge's order denying his motion to stay is sustained; (2) The 6 motion to stay is granted, and all proceedings in this action are stayed for a pe riod of time extending, at minimum, until notification to the court of the resolution of the Supreme Court's decision in Beckles v. United States, No. 15-8544, 136 S. Ct. 2510 (June 27, 2016) (granting certiorari); (3) The parties shall file a j oint status report, updating the court on the disposition of petitioner Pendleton's appeal before the Eleventh Circuit and the disposition of Beckles before the Supreme Court, on the first Monday in February and July, beginning on 2/6/2017, until the stay is dissolved; DIRECTING the clerk to close this case administratively. Signed by Honorable Judge Myron H. Thompson on 8/18/2016. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

EUGENE LAMAR PENDLETON,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO.
2:16cv482-MHT
(WO)

ORDER
This

matter

is

before

the

court

on

petitioner

Eugene Lamar Pendleton’s objection (doc. no. 9) to the
United States Magistrate Judge’s order of August 10,
2016 (doc. no. 8), denying Pendleton’s motion to stay a
decision on his pending 28 U.S.C. § 2255 motion (doc.
no. 6).

In light of the ambiguity in the order of the

Eleventh Circuit Court of Appeals denying as premature
Pendleton’s application for leave to file a second or
successive 28 U.S.C. § 2255 motion, see In re Eugene
Pendleton, No. 16-13636 (11th Cir. July 15, 2016), it
is ORDERED as follows:

(1) Petitioner Eugene Lamar Pendleton’s objection
(doc. no. 9) to the magistrate judge’s order denying
his motion to stay is sustained.
(2) The motion to stay (doc. no. 6) is granted, and
all proceedings in this action are stayed for a period
of time extending, at minimum, until notification to
the

court

of

the

resolution

of

the

Supreme

Court’s

decision in Beckles v. United States, No. 15-8544, 136
S. Ct. 2510 (June 27, 2016) (granting certiorari).
(3) The parties shall file a joint status report,
updating

the

court

on

the

disposition

of

petitioner

Pendleton’s appeal before the Eleventh Circuit and the
disposition of Beckles before the Supreme Court, on the
first

Monday

in

February

and

July,

beginning

on

February 6, 2017, until the stay is dissolved.
The clerk of the court is DIRECTED to close this
case administratively.
DONE, this the 18th day of August, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE