Hughes v. USA

Filing 11

ORDER denying without prejudice 9 Motion for Leave to File a Supplemental and 10 Motion Pursuant to Fed.R.Civ.P 60(b)(6). Signed by District Judge Martin Reidinger on 11/23/2016. (Pro se litigant served by US Mail.)(nvc)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:16-cv-00219-MR CRIMINAL CASE NO. 1:98-cr-00155-MR-1 ARANDER MATTHEW HUGHES, JR., ) ) ) Petitioner, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) __________________________ ) ORDER THIS MATTER is before the Court on Petitioner’s pro se “Motion for Leave to File a Supplemental under Fed. R. Civ. P. 15(d)” [Doc. 9] and “Motion Pursuant to Fed. R. Civ. P. 60(b)(6)” [Doc. 10]. On September 15, 2016, this Court granted the Government’s motion to stay this action pending a decision by the Fourth Circuit Court of Appeals in the cases of United States v. Ali, No. 15-4433 (4th Cir.) and United States v. Simms, No. 15-4640 (4th Cir.). On November 7, 2016, notwithstanding that Petitioner is represented by counsel, Petitioner filed a pro se “Motion for Leave to File a Supplemental under Fed. R. Civ. P. 15(d)” and a “Motion Pursuant to Fed. R. Civ. P. 60(b)(6).” Because this action has been stayed, the Court will deny Petitioner’s motions without prejudice. IT IS, THEREFORE, ORDERED that Petitioner’s “Motion for Leave to File a Supplemental under Fed. R. Civ. P. 15(d)” [Doc. 9] and “Motion Pursuant to Fed. R. Civ. P. 60(b)(6),” [Doc. 10] are DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. Signed: November 23, 2016 2

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