Holland v. United States of America
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Adopting 16 Report and Recommendations. Movants Motion to Vacate or Reduce Sentence pursuant to § 2255 is STAYED. This case is CLOSED for administrative purposes only and shall not affect the s ubstantive rights of the parties. The parties SHALL notify the Court within ten (10) days of the Eleventh Circuits resolution of one or both of the foregoing cases. The parties shall file both a status report, attaching the Eleventh Circuits manda te, as well as a motion to re-open the case. Closing Case. Motions terminated: 16 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re 7 MOTION to Vacate 3 Order,,,, Add Attorneys,,, Convictions as to Counts 5 and 6 filed by Jeff Junior Holland, 1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255), fi. Signed by Judge Jose E. Martinez on 2/17/2021. See attached document for full details. (drz)
Case 2:19-cv-14264-JEM Document 17 Entered on FLSD Docket 02/18/2021 Page 1 of 2
UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA
FORT PIERCE DIVISION
Case Number: 19-14264-CIV-MARTINEZ-REID
Criminal Case Number: 10-14069-CR-MARTINEZ
JEFF JUNIOR HOLLAND,
UNITED STATES OF AMERICA,
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
THE MATTER was referred to the Honorable Lisette M. Reid, United States Magistrate
Judge, for a Report and Recommendation on Movant’s Motion to Vacate or Reduce Sentence
pursuant to 28 U.S.C. § 2255, [ECF Nos. 1–2]. Magistrate Judge Reid filed a Report and
Recommendation, [ECF No. 16], recommending that this action be stayed and held in abeyance
pending the Eleventh Circuit’s determination regarding a Davis claimant’s burden of proof in the
federal habeas context. The Court has reviewed the entire record and notes that no objections have
been filed. After careful consideration, it is hereby:
ADJUDGED that United States Magistrate Judge Reid’s Report and Recommendation,
[ECF No. 16], is AFFIRMED and ADOPTED. Accordingly, it is:
Movant’s Motion to Vacate or Reduce Sentence pursuant to § 2255 is STAYED.
This case shall be held in abeyance until the Eleventh Circuit articulates the proper burden of proof
for a Davis claimant under 28 U.S.C. § 2255. See Garcia v. United States, 984 F.3d 1367 (11th
Cir. 2021), vacated by 985 F.3d 850 (11th Cir. 2021) (holding decision in abeyance pending a
Case 2:19-cv-14264-JEM Document 17 Entered on FLSD Docket 02/18/2021 Page 2 of 2
decision in Granda v. United States, No. 17-15194, or Foster v. United States, No. 19-14771, or
This case is CLOSED for administrative purposes only and shall not affect the
substantive rights of the parties.
The parties SHALL notify the Court within ten (10) days of the Eleventh Circuit’s
resolution of one or both of the foregoing cases. The parties shall file both a status report, attaching
the Eleventh Circuit’s mandate, as well as a motion to re-open the case.
DONE AND ORDERED in Chambers at Miami, Florida, this 17th day of February, 2021.
JOSE E. MARTINEZ
UNITED STATES DISTRICT JUDGE
Copies provided to:
Magistrate Judge Reid
All Counsel of Record
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