Gubanic v. United States of America

Filing 6

ORDER: Petitioner Frank Gubanic's Unopposed Motion to Stay 28 U.S.C. § 2255 Proceedings 5 is GRANTED. This action is STAYED AND ADMINISTRATIVELY CLOSED pending a decision from the United States Court of Appeals for the Eleventh Circ uit in United States v. Fritts, Appeal No. 15-15699-CC. The Clerk is directed to close this file and terminate all pending motions. The corresponding motion to vacate in criminal case number 8:08-cr-499-T-30TGW (CR Dkt. 70) is terminated. Counsel for Petitioner may move to reopen this action, if desired, within thirty (30) days after the Eleventh Circuit issues its opinion in Fritts. Signed by Judge James S. Moody, Jr on 9/2/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

FRANK GUBANIC,
Petitioner,

v.

Case No: 8:16-cv-1626-T-30TGW

UNITED STATES OF AMERICA,
Respondent.
________________________________/

ORDER
THIS CAUSE is before the Court on Petitioner Frank Gubanic’s Unopposed Motion
to Stay 28 U.S.C. § 2255 Proceedings (Dkt. 5).
After due consideration, it is ORDERED AND ADJUDGED that:
1.

Petitioner Frank Gubanic’s Unopposed Motion to Stay 28 U.S.C. § 2255

Proceedings (Dkt. 5) is GRANTED.
2.

This action is STAYED AND ADMINISTRATIVELY CLOSED pending a

decision from the United States Court of Appeals for the Eleventh Circuit in United States
v. Fritts, Appeal No. 15-15699-CC.
3.

The Clerk is directed to close this file and terminate all pending motions.

4.

The corresponding motion to vacate in criminal case number 8:08-cr-499-T-

30TGW (CR Dkt. 70) is terminated.

5.

Counsel for Petitioner may move to reopen this action, if desired, within

thirty (30) days after the Eleventh Circuit issues its opinion in Fritts.
DONE and ORDERED in Tampa, Florida, this 2nd day of September, 2016.

Copies furnished to:
Counsel/Parties of Record

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