Gayle v. Aviles et al

Filing 26

ORDER: In view of the Mandate of the Second Circuit filed April 27, 2020 (Doc 25) that vacated and remanded the Court's Memorandum and Order of June 22, 2015 conditionally granting the petitioner's writ of habeas corpus and the Court's July 10, 2015 Memorandum and Order denying the government's motion to reconsider (Doc 21), the parties are directed to file supplemental briefs addressing (i) the impact of Nielsen v. Preap, 139 S. Ct. 954 (2019) and Jennings v. Rodriguez, 138 S. Ct. 830 (2018), (ii) whether intervening evens have rendered the petition moot, and (iii) what further action should be taken to resolve this matter. The supplemental briefs must be filed by December 2, 2020, and any responses to the supplemental briefs must be filed by December 18, 2020. (Brief due by 12/2/2020. Responses to Brief due by 12/18/2020) (Signed by Judge P. Kevin Castel on 10/23/2020) (jwh)

Case 1:15-cv-02134-PKC Document 26 Filed 10/23/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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STEVANO JAVED GAYLE,
Petitioner,

15-cv-2134 (PKC)

-againstORDER
OSCAR AVILES, et al.,
Respondents.
-----------------------------------------------------------x
CASTEL, U.S.D.J.

In view of the Mandate of the Second Circuit filed April 27, 2020 (Doc 25) that
vacated and remanded the Court’s Memorandum and Order of June 22, 2015 conditionally
granting the petitioner’s writ of habeas corpus and the Court’s July 10, 2015 Memorandum and
Order denying the government’s motion to reconsider (Doc 21), the parties are directed to file
supplemental briefs addressing (i) the impact of Nielsen v. Preap, 139 S. Ct. 954 (2019) and
Jennings v. Rodriguez, 138 S. Ct. 830 (2018), (ii) whether intervening evens have rendered the
petition moot, and (iii) what further action should be taken to resolve this matter. The
supplemental briefs must be filed by December 2, 2020, and any responses to the supplemental
briefs must be filed by December 18, 2020.
SO ORDERED.

New York, New York
October 23, 2020