Kirkpatrick v. USA

Filing 8

ORDER granting 7 Motion to Place Case In Abeyance pending issuance of a decision in US v. Thompson. After issuance of the mandate in Thompson, Petitioner shall have 14 days to respond to the Govt's Motion to Dismiss. Signed by District Judge Max O. Cogburn, Jr on 5/18/2017. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-CV-372-MOC
(3:11-CR-286-MOC)
SHAWN T. KIRKPATRICK,

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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 upon Petitioner Shawn T. Kirkpatrick’s Motion to
hold this action in abeyance. (Doc. No. 7.) Counsel for the Government does not oppose the
Motion. (Doc. No. 7 at 2.) Having considered the Motion and reviewed the pleadings, the Court
enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that Petitioner’s Motion To Place Case In Abeyance
(Doc. No. 7) is GRANTED, and this matter is HELD in abeyance pending issuance of a
decision by the Fourth Circuit Court of Appeals in United States v. Thompson, No. 15-4685.
After issuance of the mandate in Thompson, Petitioner shall have 14 days to respond to the
Government’s Motion to Dismiss.

Signed: May 18, 2017

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