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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?