Hullaby v. USA

Filing 14

ORDER ADOPTING 13 Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED granting 11 Respondent/Plaintiff's Unopposed Motion to Stay. This matter is stayed pending the Ninth Circuit's decision in United States v. Begay , No. 14-10080 and the Supreme Court's decision in Lynch v. Dimaya, No. 15-1498. The parties are required to file a status report regarding the continuance of the stay upon: (1) the issuance of any decision in Begay or Dimaya; and (2) in any event on or before July 15, 2017. See PDF document for further details. Signed by Judge Susan R Bolton on 2/16/17. (LSP)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Brandon Hullaby, Movant/Defendant, 10 11 v. 12 No. CV-16-03793-PHX-SRB (JFM) CR-09-01406-PHX-SRB ORDER United States of America, 13 Respondent/Plaintiff. 14 15 Movant, Brandon Hullaby, filed a Motion to Vacate, Set Aside, or Correct 16 Sentence pursuant to 28 U.S.C. § 2255 on May 4, 2016. On December 7, 2016 the 17 United States filed an Unopposed Motion to Stay seeking a stay pending the Ninth 18 Circuit’s decision United States v. Begay, No. 14-10080 and Supreme Court’s decision in 19 20 21 22 Lynch v. Dimaya, No. 15-1498. The Magistrate Judge filed his Report and Recommendation on February 1, 2017 recommending that the Unopposed Motion to Stay be granted. In the Report and 23 24 25 26 Recommendation, the Magistrate Judge advised the parties that they had fourteen days from the date of service of a copy of the Report and Recommendation within which to file specific written objections with the Court. The time to file such objections has 27 28 expired and no objections to the Report and Recommendation have been filed. 1 2 The Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. 3 4 5 6 IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the Order of this Court. (Doc. 13) IT IS FURTHER ORDERED granting Respondent/Plaintiff’s Unopposed 7 8 Motion to Stay. (Doc. 11) 9 IT IS FURTHER ORDERED this matter is stayed pending the Ninth Circuit’s 10 decision in United States v. Begay, No. 14-10080 and the Supreme Court’s decision in 11 12 Lynch v. Dimaya, No. 15-1498. 13 IT IS FURTHER ORDERED that the United States’ response to the pending 14 Motion to Vacate (Doc. 8) shall not be due until 30 days after the Ninth Circuit’s decision 15 in United States v. Begay, No. 14-10080 and the Supreme Court’s decision in Lynch v. 16 17 18 19 Dimaya, No. 15-1498 are both issued. IT IS FURTHER ORDERED that the parties are required to file a status report regarding the continuance of the stay upon: (1) the issuance of any decision in Begay or 20 21 22 Dimaya; and (2) in any event on or before July 15, 2017. Dated this 16th day of February, 2017. 23 24 25 26 27 28 -2-

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