Nixon v. United States of America

Filing 16

ORDER granting 15 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 3:13-cv-468-FDW (3:00-cr-222-GCM-1) TIMOTHY JEROME NIXON, ) ) Petitioner, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________) ORDER This matter is before the Court on an unopposed motion of Petitioner, (Doc. No. 15), to hold his habeas petition pursuant to 28 U.S.C. § 22411 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. 15), 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:September 11, 2017 1 Petitioner alternatively seeks coram nobis relief under 28 U.S.C. § 1651(a) or a writ of audita querela.

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