Grant v. USA

Filing 16

ORDER that the Report and Recommendation (Doc. 13 ) is rejected; that the Motion to Stay (Doc. 4 ) is granted; and that the Government must move to lift the stay within 5 days of Beckles v. United States, 616 Fed. Appx. 415 (11th Cir. 2015), cer t. granted, 136 S. Ct. 2510 (U.S. June 27, 2016) (No. 15-8544) and Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015) cert. granted, --- S. Ct. ----, 2016 WL 3232911 (Sept. 29, 2016) (No. 15-1498) being decided by the Supreme Court (subject to any further orders issued by the Magistrate Judge). Signed by Senior Judge James A Teilborg on 10/31/16.(KGM)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Steven Houston Grant, Petitioner, 10 11 ORDER v. 12 No. CV-16-02057-PHX-JAT (BSB) USA, 13 Respondent. 14 15 Pending before the Court is the Government’s request to stay this case (Doc. 4). 16 The Magistrate Judge to whom this case is assigned issued a Report and 17 Recommendation in which she recommended that the stay be denied (Doc. 13). The 18 Government objected (Doc. 14). Petitioner replied to the Government’s objection (Doc. 19 15). 20 In his reply, Petitioner noted two significant changes in circumstances since the 21 Report and Recommendation was issued. First, the Supreme Court granted certiorari in 22 the case of Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015). The Supreme Court’s merits 23 decision could have a significant impact on the outcome of this case. Second, Petitioner 24 disclosed that he will be in custody until February 2, 2038, regardless of the outcome of 25 this case (Doc. 15 at 1-2). This fact significantly changes the prejudice analysis of the 26 Report and Recommendation, which assumed Petitioner’s release date (if he prevailed in 27 this case) would be January 2018 (Doc. 13 at 10). 28 For the foregoing reasons, 1 IT IS ORDERED that the Report and Recommendation (Doc. 13) is rejected.1 2 IT IS FURTHER ORDERED that the motion to stay (Doc. 4) is granted. 3 IT IS FINALLY ORDERED that the Government must move to lift the stay 4 within 5 days of Beckles v. United States, 616 Fed. App’x. 415 (11th Cir. 2015), cert. 5 granted, 136 S. Ct. 2510 (U.S. June 27, 2016) (No. 15-8544) and Dimaya v. Lynch, 803 6 F.3d 1110 (9th Cir. 2015) cert. granted, --- S. Ct. ----, 2016 WL 3232911 (Sept. 29, 2016) 7 (No. 15-1498) being decided by the Supreme Court (subject to any further orders issued 8 by the Magistrate Judge). 9 Dated this 31st day of October, 2016. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 This Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?