United States of America v. Andrews

Filing 4

MEMORANDUM Opinion and Order Signed by the Honorable Marvin E. Aspen on 1/13/2017: Petitioner Andrews' motion to stay this action pending judgment in the related action 16 C 8051 3 is granted. (See Memorandum Opinion and Order for more detail). Mailed notice(mad, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SHAUNTEL ANDREWS ) ) ) ) ) ) ) ) ) Petitioner, v. UNITED STATES OF AMERICA Respondent. No. 1:16 C 6949 Judge Marvin E. Aspen MEMORANDUM OPINION AND ORDER MARVIN E. ASPEN, District Judge: Presently before us is Shauntel Andrews’ pro se motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence and his motion requesting we hold his § 2255 motion “in abeyance while awaiting decision in [his] successive motion due to deadline for Johnson claims.” (Dkt. Nos. 1, 3.) The “successive” application Andrews refers to is Case No. 16 C 8051, which was commenced on August 11, 2016 after the Seventh Circuit allowed his § 2244(b)(3) motion to file a second or successive application under § 2255 and authorized us to consider his claim. It appearing that the claims raised in the instant motion are identical to those raised in his § 2255 motion filed in Case No. 16 C 8051, we hereby grant Andrews’ motion to stay pending judgment in the related action. ____________________________________ Honorable Marvin E. Aspen United States District Judge Dated: January 13, 2017 Chicago, Illinois 1

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