Clark v. United States of America
Filing
6
ORDER granting 5 Motion to Hold Ruling in Abeyance. It is hereby ORDERED that all proceedings in Case Number 5:16-cv-47 are STAYED until the Supreme Court issues a decision in the Beckles case. The Government shall file a Revised Response to Cl ark's Section 2255 Motion within twenty-one (21) days of the Supreme Court's issuance of an Opinion in Beckles. Clark may file a Reply to the Government's Revised Response within twenty-one (21) days of the Government's Revised Response. Signed by Magistrate Judge R. Stan Baker on 9/6/2016. (csr)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION
DANIEL LEE CLARK,
Petitioner,
CIVIL ACTION NO.: 5:16-cv-47
v.
UNITED STATES OF AMERICA,
(Case No.: 5:04-cr-15)
Respondent.
ORDER
This matter is before the Court on Movant Daniel Lee Clark’s (“Clark”) Motion to Hold
Ruling in Abeyance. (Doc. 5.) Clark seeks to have his 28 U.S.C. § 2255 proceedings held in
abeyance pending the United States Supreme Court’s decision in Beckles v. United States,
No. 15-8544, 136 S. Ct. 2510 (June 27, 2016) (granting certiorari), as to whether the decision in
Johnson v. United States, ___ U.S. ___, 135 S. Ct. 2551 (June 26, 2015), applies to the
Sentencing Guidelines’ definition of “crime of violence” and, if so, whether the Beckles decision
will apply retroactively to cases on collateral review. In its Response to Clark’s Section 2255
Motion, the Government asserts it does not oppose a stay in these proceedings pending the
Beckles decision, to the extent Clark’s Section 2255 Motion raises a Guidelines-based Johnson
claim. (Doc. 3, p. 4 n.3.)
Upon consideration, the Court GRANTS Clark’s Motion.
Therefore, it is hereby
ORDERED that all proceedings in Case Number 5:16-cv-47 are STAYED until the Supreme
Court issues a decision in the Beckles case. The Government shall file a Revised Response to
Clark’s Section 2255 Motion within twenty-one (21) days of the Supreme Court’s issuance of an
opinion in Beckles. Clark may file a Reply to the Government’s Revised Response within
twenty-one (21) days of the Government’s Revised Response.
SO ORDERED, this 6th day of September, 2016.
R. STAN BAKER
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA
2
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?