Huggins v. Secretary, Department of Corrections et al

Filing 39

ORDER granting 37 motion to stay. Petitioner shall file a motion to reopen this case within THIRTY (30) DAYS after a decision has been rendered regarding the state court proceedings. Signed by Judge Roy B. Dalton, Jr. on 2/9/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JOHN S. HUGGINS,
Petitioner,
v.

CASE NO. 6:15-cv-630-Orl-37DAB

SECRETARY, DEPARTMENT
OF CORRECTIONS, et al.,
Respondents.

/
ORDER

This cause is before the Court on Petitioner’s Status Report and Request to
Continue Stay (Doc. 37). Petitioner, who has been sentenced to death, requests that
the case continued to be staying pending the disposition of his successive motion to
vacate death sentence filed in the state court. Id. at 2. Petitioner is litigating the
legality of his death sentence in light of Hurst v. Florida, 135 S. Ct. 616 (2016) (holding
Florida’s capital sentencing scheme violates the Sixth Amendment right to a jury trial),
and Mosley v. State, No. SC14-436, 2016 WL 7406506 (Fla. Dec. 22, 2016) (holding that a
death sentence must be unanimously found by the jury and Hurst is retroactive to
those whose sentences became final after the issuance of Ring v. Arizona, 536 U.S. 584
(2002)). Respondents have no objection to continuing the stay. Id. at 2-3.
In light of Petitioner’s state court proceedings, the Court finds good cause to
continue the stay in this case.

Accordingly, it is ORDERED and ADJUDGED as follows:
1.

The Request to Continue Stay (Doc. 37) is GRANTED. This case is STAYED

and held in abeyance until further Order of the Court, pending the final disposition of
Petitioner’s state court proceedings.
2.

Petitioner shall file a motion to reopen this case within THIRTY (30) DAYS

after a decision has been rendered regarding the state court proceedings. The failure to
do so will result in dismissal of this case without further notice.
DONE AND ORDERED in Orlando, Florida, this 9th day of February, 2017.

Copies to:
OrlP-3
Counsel of Record

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