Lowery v. USA

Filing 11

ORDER granting 9 Motion to Continuing Holding Petitioner's 2255 Motion in Abeyance. After issuance of the mandate in Brown, Petitioner shall have 14 days to file a Reply. Signed by District Judge Max O. Cogburn, Jr on 10/19/2017. (chh)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16CV324-MOC
(3:01CR151-MOC-DCK-1)
ERIC BERNARD LOWERY,

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

ORDER

THIS MATTER is before the court on Petitioner’s Motion, filed through counsel, to
Continue Holding Petitioner’s Motion under 28 U.S.C. § 2255 in Abeyance. (Doc. No. 9). The
Government consents to the abeyance request. Having considered Petitioner’s motion and
reviewed the pleadings, the court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that Petitioner’s Motion to Continue Holding
Petitioner’s Motion under 28 U.S.C. § 2255 in Abeyance, (Doc. No. 9) is GRANTED, and this
matter is HELD in abeyance pending the Fourth Circuit’s decision on a motion for rehearing and
rehearing en banc in United States v. Brown, No. 16-7056. After issuance of the mandate in
Brown, Petitioner shall have 14 days to file a Reply.

Signed: October 16, 2017

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