Dejesus v. United States of America

Filing 9

ORDER re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Eduardo Dejesus. Accordingly, the stay on briefing is lifted and the United States is ordered to respond to the petition of DeJesus by Wednesday, February 19, 2020. The Clerk of Court is respectfully directed to mail a copy of this order to DeJesus. It is SO ORDERED. (Responses due by 2/19/2020) (Signed by Judge Edgardo Ramos on 1/29/2020) (kv) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EDUARDO DEJESUS,
Movant,
ORDER
– against –

14 Cr. 83 (ER)
16 Civ. 5090 (ER)

UNITED STATES OF AMERICA,
Respondent.
RAMOS, D.J.:
On June 28, 2016, Eduardo DeJesus filed a pro se motion to vacate his conviction
pursuant to 28 U.S.C. § 2255, opening docket number 16 Civ. 5090 (ER). On May 4,
2017, this Court granted the motion of the United States to stay briefing in this case until
the Second Circuit decided the similar case, United States v. Barrett, No. 14-2641-cr. �e
Second Circuit decided the case on August 30, 2019. See 937 F.3d 126 (2d Cir. 2019).
Accordingly, the stay on briefing is lifted and the United States is ordered to
respond to the petition of DeJesus by Wednesday, February 19, 2020. �e Clerk of
Court is respectfully directed to mail a copy of this order to DeJesus.
It is SO ORDERED.
Dated:

January 29, 2020
New York, New York
EDGARDO RAMOS, U.S.D.J.