Gibbons v. USA

Filing 16

ORDER granting 15 Motion to Hold Case in Abeyance, and this matter is stayed pending the Fourth Circuits ruling on Respondents petition for rehearing en banc. Respondent shall notify the Court within three days from the date the Fourth Circuits rules on the petition for rehearing en banc. Signed by District Judge Robert J. Conrad, Jr on 7/3/2014. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-cv-180-RJC
(3:05-cr-260-RJC-1)
SUDAMA LEROY GIBBONS,

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Petitioner,
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v.
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UNITED STATES OF AMERICA,
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Respondent.
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____________________________________)

ORDER

THIS MATTER is before the Court on Respondent’s timely motion to stay this
collateral proceeding, which is unopposed by Petitioner, until the Fourth Circuit issues an order
resolving the Respondent’s petition for rehearing en banc in Whiteside v. United States, 748 F.3d
541 (4th Cir. 2014). For the reasons stated in the motion, the Court finds that good cause exists
to grant the stay.
IT IS, THEREFORE, ORDERED that Respondent’s motion to stay is GRANTED,
(Doc. No. 15), and this matter is stayed pending the Fourth Circuit’s ruling on Respondent’s
petition for rehearing en banc. Respondent shall notify the Court within three days from the date
the Fourth Circuit’s rules on the petition for rehearing en banc.
IT IS SO ORDERED.
Signed: July 3, 2014