SMITH v. USA

Filing 23

ORDER - Respondent's 19 MOTION to Stay is Granted. (see order image) - Respondent to file status report with the court re petitioner's request. - - ( Status Report due by 12/27/2010. ) - - - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on September 27, 2010. (cbj)

-EMT SMITH v. USA

Doc. 23

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JAMES ALEXANDER SMITH, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ______________________________/ ORDER This matter is before the court on Respondent's Motion to Stay (Doc. 19). Respondent requests a 90-day stay of this matter to allow Petitioner an opportunity to file a request with the federal Bureau of Prisons (BOP) for nunc pro tunc designation of a non-federal facility for concurrent service of his federal and state sentences, and to provide the BOP an opportunity to review his sentence computation and consider his request (id.). Respondent states the BOP has not previously considered such designation because Petitioner has not requested such (id.). Petitioner opposes the motion for stay, contending the BOP has already had sufficient time to compute his sentence during the pendency of this habeas action; however, if the court grants the motion for stay, he will file a request for nunc pro tunc designation (Doc. 22). As it appears undisputed that Petitioner has not previously filed a request for nunc pro tunc designation, and the BOP's grant of such a request would render this habeas action moot, the undersigned concludes that granting a stay to permit the BOP to consider such a request is warranted. Therefore, Respondent's motion will be granted. Accordingly, it is ORDERED: 1. 2. Respondent's Motion to Stay (Doc. 19) is GRANTED. Within FOURTEEN (14) DAYS from the date of docketing of this order, Petitioner Case No.: 5:10cv85/LAC/EMT

shall submit a request for nunc pro tunc designation of a non-federal facility for concurrent service

Dockets.Justia.com

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of his federal and state sentences with the BOP at the address provided in Respondent's Motion to Stay (Doc. 19 at 3 n.1). 3. On or before DECEMBER 27, 2010, Respondent shall file a status report with the court notifying the court of the status of Petitioner's request. DONE AND ORDERED this 27th day of September 2010.

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE

Case No.: 5:10cv85/LAC/EMT