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)

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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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