Springs v. USA

Filing 9

ORDER granting 8 Motion to Stay pending disposition of two cases pending before the Fourth Circuit. Signed by District Judge Max O. Cogburn, Jr on 5/10/2016. (chh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-cv-00575-MOC
MALCOLM SPRINGS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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ORDER

THIS MATTER is before the Court on consideration of Petitioner’s motion to
stay this § 2255 proceeding pending disposition of two cases pending before the Fourth
Circuit, each of which deals with the issue of whether common law robbery in North
Carolina qualifies as a violent felony under the Armed Career Criminal Act, 18 U.S.C. §
924(e). See United States v. Gardner, Fourth Circuit No. 14-4533, and United States v.
Billups, Fourth Circuit No. 14-4959. Petitioner contends that his § 2255 motion raises the
same issue and that judicial resources would be preserved and the interests of justice
would be served by a stay. Respondent does not oppose the motion. For the reasons
stated in the motion, and for good cause shown, the motion will be granted.
IT IS, THEREFORE, ORDERED that Petitioner’s motion to stay this § 2255
proceeding is GRANTED. (Doc. No. 8).
SO ORDERED.
Signed: May 10, 2016