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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Brandon Hullaby,
Movant/Defendant,

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v.

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No. CV-16-03793-PHX-SRB (JFM)
CR-09-01406-PHX-SRB
ORDER

United States of America,

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Respondent/Plaintiff.

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Movant, Brandon Hullaby, filed a Motion to Vacate, Set Aside, or Correct

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Sentence pursuant to 28 U.S.C. § 2255 on May 4, 2016. On December 7, 2016 the

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United States filed an Unopposed Motion to Stay seeking a stay pending the Ninth

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Circuit’s decision United States v. Begay, No. 14-10080 and Supreme Court’s decision in

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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

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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

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expired and no objections to the Report and Recommendation have been filed.

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The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.

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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

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Motion to Stay. (Doc. 11)

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IT IS FURTHER ORDERED this matter is stayed pending the Ninth Circuit’s

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decision in United States v. Begay, No. 14-10080 and the Supreme Court’s decision in

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Lynch v. Dimaya, No. 15-1498.

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IT IS FURTHER ORDERED that the United States’ response to the pending

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Motion to Vacate (Doc. 8) shall not be due until 30 days after the Ninth Circuit’s decision

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in United States v. Begay, No. 14-10080 and the Supreme Court’s decision in Lynch v.

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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

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Dimaya; and (2) in any event on or before July 15, 2017.
Dated this 16th day of February, 2017.

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