DENNISON v. UNITED STATES OF AMERICA

Filing 10

MEMORANDUM OPINION & ORDER Granting 9 Motion to Stay. The matter is stayed until the Third Circuit issues an opinion in United States v. Copes, Appeal No. 19-1494; ORDERED that the Clerk shall administratively terminate this action. Signed by Judge Noel L. Hillman on 9/14/2020. (dmr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

TYRONE DENNISON,
Petitioner,

1:16-cv-3647 (NLH)
MEMORANDUM OPINION & ORDER

v.
UNITED STATES OF AMERICA,
Respondent.

APPEARANCES:
Richard Coughlin, Federal Public Defender
Lisa Evans Lewis, Assistant Public Defender
Office of the Federal Public Defender
800 - 840 Cooper Street
Suite 350
Camden, NJ 08053
Attorneys for Petitioner

Craig Carpenito, United States Attorney
Daniel Aaron Friedman, Assistant United States Attorney
U.S. Attorney’s Office for the District of New Jersey
401 Market Street
P.O. Box 2098
Camden, NJ 08101
Attorneys for Defendants
HILLMAN, District Judge
WHEREAS, Petitioner Tyrone Dennison filed a motion to
correct, vacate, or set aside his federal sentence on June 20,
2016, ECF No. 1; and
WHEREAS, the parties submitted a joint motion to stay the §

2255 proceedings on April 10, 2017 pending the Supreme Court’s
decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018), see ECF
No. 2; and
WHEREAS, the Court reopened the proceedings on July 2, 2020
and directed the parties to update the Court as to the impact of
Dimaya on Petitioner’s claims, ECF No. 7; and
WHEREAS, the parties filed a consent motion to stay the
case based on a matter currently pending before the United
States Court of Appeals for the Third Circuit that may be
determinative of Petitioner’s claims, United States v. Copes,
Appeal No. 19-1494, see ECF No. 9
THEREFORE, IT IS on this

14th

day of September, 2020

ORDERED that the consent motion to stay, ECF No. 9, is
granted.

The matter is stayed until the Third Circuit issues an

opinion in United States v. Copes, Appeal No. 19-1494; and it is
further
ORDERED that within 14 days of the Third Circuit’s
decision, counsel for the United States shall inform the Court
as to the impact of the decision on Petitioner’s claims; and it
is finally
ORDERED that the Clerk shall administratively terminate
this action.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey
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