Rudisill v. USA

Filing 8

ORDER granting 7 Unopposed Motion to place this case in abeyance, and this matter shall be held in abeyance pending the Supreme Court's resolution of Surratt v. United States, 17-5255. Petitioner shall have 45 days from the date the Supreme Court decides Surratt within which to file supplemental briefing in support of the motion to vacate. Signed by District Judge Martin Reidinger on 8/14/2017. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00084-MR
(CRIMINAL CASE NO. 1:01-cr-00048-MR-9)

TIMNAH RUDISILL,

)
)
Petitioner,
)
)
vs.
)
)
UNITED STATES OF AMERICA, )
)
)
Respondent.
)
___________________________ )

ORDER

THIS MATTER is before the Court on the Petitioner’s unopposed
motion requesting that the Court enter an order holding this action in
abeyance pending the United States Supreme Court’s resolution of the
certiorari petition in Surratt v. United States, 17-5255.

[CV Doc. 7].1

According to the Petitioner’s motion, the Government’s counsel consents to
this request. [Id.].

1

Citations to the record herein contain the relevant document number referenced
preceded by either the letters “CV” denoting the document is listed on the docket in the
civil case file number 1:13-cv-00084-MR, or the letters “CR” denoting the document is
listed on the docket in the criminal case file number 1:01-cr-00048-MR-9.

For the reasons stated in Petitioner’s motion, and in light of the
Government’s consent thereto,
IT IS, THEREFORE, ORDERED that Petitioner’s motion to place this
case in abeyance [CV Doc. 7], is hereby GRANTED and this matter shall be
held in abeyance pending the Supreme Court’s resolution of Surratt v. United
States, 17-5255. Petitioner shall have forty-five (45) days from the date the
Supreme Court decides Surratt within which to file supplemental briefing in
support of the motion to vacate.
IT IS SO ORDERED.
Signed: August 14, 2017

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