Rivera v. Humphrey
Filing
106
ORDER denying as moot 97 Motion to Stay; granting 102 Motion to Amend/Correct. The Court hereby vacates the stay of the present case. Signed by Chief Judge J. Randal Hall on 10/22/2018. (maa)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
*
REINALDO JAVIER RIVERA
*
*
Petitioner,
*
*
V.
CV 113-161
ERIC SELLERS, Warden of the
Georgia Diagnostic and
Classification State Prison,
Defendant.
ORDER
Before the Court are the following motions:
Petitioner's
motion to maintain the stay (Doc. 97), Petitioner's motion for
reconsideration (Doc. 98), and Petitioner's motion to substitute
a complete version of his motion to appoint supplemental counsel
(Doc. 102).
Petitioner first asks the Court to maintain the stay
of his case pending the Supreme Court's review of the Eleventh
Circuit's decision in Wilson v. Warden.^
Because the Supreme Court
decided the case on April 17, 2018,^ Petitioner's motion to
maintain the stay (Doc. 97) is DENIED as MOOT.
The Court hereby
VACATES the STAY of the present case.
Second, Petitioner asks the Court to reconsider its order
denying
Petitioner's
motion
to
amend
and
motion
to appoint
^ Wilson V. Warden, 834 F.3d 1227 (11th Cir. 2016), rev'd, 138 S.Ct. 1188 (2018)
2 Wilson V. Sellers, 138 S.Ct. 1188 (2018).
supplemental counsel.
lifted,
this
Court
(Docs. 96, 98.)
will
decide
Now that the stay is
Petitioner's
motion
for
reconsideration.
Lastly, Petitioner presents an unopposed motion to substitute
a complete version of his motion to appoint supplemental counsel.^
Although the Court already denied Petitioner's motion to appoint
supplemental counsel, the Court GRANTS his motion to substitute
(Doc.
102)
and
will
use
the
complete
version
in
deciding
Petitioner's motion for reconsideration.
ORDER ENTERED at Augusta, Georgia, this c^^^ay of October,
2018.
J.
HALL% CHIEF JUDGE
UNITEy STATES DISTRICT COURT
aOUTmRN DISTRICT OF GEORGIA
3 Pages forty-three and forty-four are missing from the electronic copy of
Petitioner's motion to appoint supplemental counsel.
(Pet.'s Mot. to
Substitute, Doc. 102, at 2.)
The substituted version contains the missing
pages.
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