Alexander v. USA

Filing 6

ORDER granting 5 Motion to Stay. Signed by Chief Judge Frank D. Whitney on 9/11/17. (clc)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:14-cv-294-FDW (3:04-cr-137-FDW-1) DIMARCO ANTONIO ALEXANDER, ) ) Petitioner, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________) ORDER This matter is before the Court on an unopposed motion of Petitioner, (Doc. No. 5), 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 consents to the motion to stay. IT IS HEREBY ORDERED that the Motion to Stay, (Doc. No. 5), 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 habeas relief pursuant to 28 U.S.C. § 2241, coram nobis relief under 28 U.S.C. § 1651(a) or a writ of audita querela.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?