Armstrong v. USA

Filing 3

ORDER - The stay of these proceedings is LIFTED; re ECF No. 2 Order. Signed by Judge Howard D. McKibben on 8/3/2016. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) ) WILLIAM EDWARD ARMSTRONG, ) ) Defendant. ) _________________________________ ) 3:06-cr-00073-HDM 3:16-cv-00073-HDM ORDER 16 On June 3, 2016, the court stayed proceedings on the 17 defendant’s 28 U.S.C. § 2255 motion pending the Ninth Circuit’s 18 decisions in Jacob v. United States, No. 15-73302 and Gardner v. 19 United States, No. 15-72559. On August 1, 2016, the Ninth Circuit 20 entered orders in both Jacob and Gardner authorizing the filing of 21 second or successive petitions and closing the original actions in 22 that court. Accordingly, the stay of these proceedings is hereby 23 LIFTED. 24 IT IS SO ORDERED. 25 DATED: This 3rd day of August, 2016. 26 27 28 ____________________________ UNITED STATES DISTRICT JUDGE 1

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