Wall v. USA

Filing 17

ORDER granting 16 Motion to Stay. Signed by Chief Judge Frank D. Whitney on 9/11/17. (clc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:12-cv-754-FDW (3:99-cr-24-FDW-9) RODNEY EDWARD WALL, ) ) Petitioner, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________) ORDER This matter is before the Court on an unopposed motion of Petitioner, (Doc. No. 16), to hold his motion to vacate sentence pursuant to 28 U.S.C. § 22551 in abeyance pending resolution of the appeal in United States v. Wheeler, Fourth Circuit Case No. 16-6073. The Respondent has consented to the motion to stay. IT IS HEREBY ORDERED that the Motion to Stay, (Doc. No. 16), is GRANTED. The United States shall have 45 days after the Fourth Circuit issues Wheeler in which to move to reopen this case and file its response. Signed: Septem 11, 2017 ber 1 Petitioner alternatively seeks habeas relief under 28 U.S.C. § 2241, coram nobis under 28 U.S.C. § 1651(a), or a writ of audita querela.

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