Davis v. USA

Filing 4

ORDER granting 3 Motion to Stay. Respondent shall have 60-days from the date the Circuit Court renders its decisions in United States v. Ali and United States v. Simms to file a response to Petitioners § 2255 Motion to Vacate. Signed by Senior Judge Graham Mullen on 9/16/2016. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-00381-GCM
(3:00-cr-00174-GCM-2)
KAIYY GAREE DAVIS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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ORDER

THIS MATTER is before the Court on consideration of Respondent’s motion to stay
disposition of this collateral proceeding. (Doc. No. 3). Petitioner does not object.
Respondent moves for a 60-day extension from the date the Fourth Circuit decides
United States v. Ali, No. 15-4433 and United States v. Simms, No. 15-4640, to file a response to
Petitioner’s § 2255 Motion to Vacate. In these cases, the Court is considering whether the
Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015), invalidates the
residual clause of 18 U.S.C. § 924(c)(3)(B) on the grounds that it is unconstitutionally vague.
Because issues in the Ali and Simms cases are likely relevant to the resolution of
Petitioner’s case, and noting no objection from Petitioner, the Court will grant Respondent’s
motion.
IT IS, THEREFORE, ORDERED that Respondent’s motion to stay is GRANTED,
(Doc. No. 3), and Respondent shall have 60-days from the date the Circuit Court renders its
decisions in United States v. Ali and United States v. Simms to file a response to Petitioner’s §
2255 Motion to Vacate.
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SO ORDERED.
SS
Signed: September 16, 2016

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