Boyd v. USA

Filing 10

ORDER granting 9 Motion to Lift Stay. The Respondent shall file an Answer or other response no later than forty-five (45) days from entry of this Order. Signed by District Judge Max O. Cogburn, Jr on 9/16/2019. (ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-328-MOC
3:11-cr-277-MOC-DCK-1
RASHARD DEAN BOYD,

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

ORDER

THIS MATTER is before the Court on Petitioner’s Unopposed Motion to Lift Order of
Abeyance, (Doc. 9).
The Court conducted an initial screening of Petitioner’s Motion to Vacate filed pursuant to
28 U.S.C. § 2255, (Doc. No. 1), and ordered the Government to respond, (Doc. No. 5). The
Government filed a Motion to Stay, (Doc. No. 6), that was granted due to the pendency of United
States v. Ali, No. 15-4433, (Doc. No. 7). Although Ali has not yet been finally decided, Petitioner
filed a Supplemental Memorandum in Support of Section 2255 Motion arguing that his § 2255
claim can be decided based on United States v. Davis, 139 S.Ct. 2319 (2019), and United States
v. Simms, 914 F.3d 229 (4th Cir. 2019). Petitioner filed the instant Unopposed Motion to Lift Order
of Abeyance, (Doc. No. 9), asking that the Court order the Government to file an Answer or other
response within 45 days. The Motion will be granted.
IT IS, THEREFORE, ORDERED that
1. Petitioner’s Unopposed Motion to Lift Order of Abeyance, (Doc. 9), is GRANTED.
2. The Clerk of Court is instructed to lift the Order of Abeyance, (Doc. No. 7), and reopen
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this case.
3. The Respondent shall file an Answer or other response no later than forty-five (45)
days from entry of this Order.
Signed: September 16, 2019

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