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)

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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

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