Jones v. Head

Filing 114

ORDER denying 113 Motion to Stay Briefing Schedule. Signed by Judge William T. Moore, Jr on 6/7/17. (loh)

IN THE tJNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF GEORGIA

?',] f;: 25

WAYCROSS DIVISION

ASHLEY LYNDOL JONES,

Petitioner,
CASE NO. CV502-116

BRUCE CHATMAN, Warden Georgia

Diagnostic and Classification
Center,

Respondent.

ORDER

Before the Court is Petitioner's Motion to Stay Proceedings

Pending Supreme Court's Decision in Wilson v. Sellers, No. 16-6855
(U.S.). (Doc. 113.) On February 27, 2017, the Supreme Court of the
United

States

granted

certiorari

in

that

case

to

address

the

following question;
Did this Court's decision in Harrington v. Richter, 562

U.S.

86 (2011),

silently

abrogate

the

presumption

set

forth in Ylst v. Nunnemaker, 501 U.S. 797 (1991)-that a

federal court sitting in habeas proceedings should "look

through" a summary state court ruling to review the last
reasoned decision - as a slim majority of the en banc
Eleventh Circuit held in this case, despite the agreement
of both parties that the Ylst presumption should continue
to apply?

For the following reasons, the motion is DENIED.
Petitioner previously requested a stay in this case based on
Wilson. (Doc. 108.) Because the Supreme Court of the United States
had

not

Court

yet ruled on whether to grant certiorari in Wilson, the

denied

Petitioner's

motion

and

directed

the

parties

to