Young v. Walton

Filing 15

IT IS ORDERED that the stay is LIFTED, and the instant § 2241 petition is DISMISSED without prejudice to petitioner pursuing his claims in the trial court as authorized by the Sixth Circuit. Signed by Judge David R. Herndon on 4/21/2016. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL DANOTUS YOUNG,
No. 13380-040
Petitioner,
vs.

Case No. 15-cv-848-DRH

JEFFREY S. WALTON,
Respondent.
MEMORANDUM AND ORDER
HERNDON, District Judge:
This matter is before the Court for case management. This case has been
stayed since August 26, 2015 (Doc. 6) in order for the United States Court of
Appeals for the Sixth Circuit to rule on petitioner’s request to file a
second/successive motion under 28 U.S.C. § 2255 in the district court where he
was convicted.
It has now come to the Court’s attention that the Sixth Circuit has granted
petitioner’s motion. In re Young, Case No. 15-2019, Doc. 13-2 (6th Cir. March
29, 2016).

In light of this ruling, and the newly-announced Supreme Court

decision in Welch v. United States, No. 15-16418 (U.S. April 18, 2016) (holding
that the ruling in Johnson v. United States, 576 U.S. ___, 135 S. Ct. 2551 (2015)
was substantive and retroactively applicable to cases on collateral review), the stay
shall be lifted, and Young’s petition under 28 U.S.C. § 2241 in this Court shall be
dismissed.

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IT IS THEREFORE ORDERED that the stay is LIFTED, and the instant
§ 2241 petition is DISMISSED without prejudice to petitioner pursuing his claims
in the trial court as authorized by the Sixth Circuit.

Digitally signed by
Judge David R. Herndon
Date: 2016.04.21
10:13:51 -05'00'

IT IS SO ORDERED.
Dated: April 21, 2016

United States District Judge

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