Merritt v. USA

Filing 8

ORDER granting 7 Motion to Stay Motion to continue to hold Motion under 28 U.S.C. § 2255 in abeyance until Office of Solicitor General of United States makes a decision about whether to seek further review of Fo urth Circuit's decision in United States v. Gardner, No. 14-4533, 2016 WL 2893881 (4th Cir. May 18, 2016). United States shall file a status update with this Court within seven days after issuance of Fourth Circuit's mandate in Gardner. Signed by Chief Judge Frank D. Whitney on 6/1/16. (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15-cv-236-FDW
(1:05-CR-253-FDW-DLH-1)
(3:06-cr- 152-FDW-1)
KHARI ATIBA MERRITT,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.
______________________________________

)
)
)
)
)
)
)
)
)
)

ORDER

This matter is before the Court on a motion of the United States, (Doc. No. 7), to hold
this action in abeyance until the Office of the Solicitor General of the United States makes a
decision about whether to seek further review of the Fourth Circuit’s decision in United States v.
Gardner, No. 14-4533, 2016 WL 2893881 (4th Cir. May 18, 2016).
This Court notes that this matter is currently already stayed, pursuant to a prior Order by
this Court. (Doc. No. 6). The Court will allow the stay to continue. To this extent, the Motion
to Stay, (Doc. No. 7), is GRANTED. The United States shall file a status update with this Court
within seven days after the issuance of the Fourth Circuit’s mandate in Gardner.