Kirkpatrick v. USA

Filing 9

ORDER LIFTING STAY. Petitioner has twenty-one (21) days from this Order to respond to the Governments motion to dismiss. ( Response due by 4/23/2020 ). Signed by District Judge Max O. Cogburn, Jr on 4/2/2020. (ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-00372-MOC
(3:11-cr-00286-MOC-1)

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 on its own motion on review of the file in this matter.
On June 16, 2016, Petitioner filed a Section 2255 Motion to Vacate Sentence. [Doc. 1].
On Petitioner’s motion, the Court placed this matter in abeyance pending the decision of the Fourth
Circuit Court of Appeals in United States v. Thompson, No. 15-4685. [Docs. 7, 8]. The Court
ordered that Petitioner had fourteen (14) days from the date of issuance of the mandate in
Thompson within which to respond to the Government’s motion to dismiss. [Doc. 8]. Petitioner
is now years past his deadline to respond to the Government’s motion to dismiss.
IT IS, THEREFORE, ORDERED that the stay is this matter is hereby LIFTED and
Petitioner has twenty-one (21) days from this Order to respond to the Government’s motion to
dismiss.
Signed: April 2, 2020