Wynn v. USA

Filing 7

ORDER granting 6 Motion to lift 10/19/2017 Abeyance. The Government shall have thirty (30) days from this Order to file its response in this matter. Signed by District Judge Max O. Cogburn, Jr on 10/8/2019. (Pro se litigant served by US Mail.)(ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-00504-MOC
(3:16-cr-00074-MOC-DCS-3)
LAMANUEL WYNN,

)
)
Plaintiff,
)
)
vs.
)
)
UNITED STATES OF AMERICA,
)
)
Defendant.
)
___________________________________ )

ORDER

THIS MATTER is before the Court on Petitioner’s “Motion to Lift 10/19/2017
Abeyance” [Doc. 6].
Petitioner’s Pro Se Section 2255 Motion to Vacate Sentence [Doc. 1] has been stayed since
October 19, 2017, pending the decision of the Fourth Circuit Court of Appeals in United States v.
Ali, No. 15-4433. The Fourth Circuit stayed Ali pending the Supreme Court’s decision in United
States v. Davis, No. 18-431. On June 24, 2019, the Supreme Court decided Davis.
Petitioner now moves to have the stay is this matter lifted and the Government ordered to
respond to Petitioner’s Section 2255 motion within thirty (30) days. On review of the file of
Petitioner’s criminal proceedings, the Court will grant Petitioner’s motion.

IT IS, THEREFORE, ORDERED that:
(1) Petitioner’s Motion to Lift Stay [Doc. 6] is GRANTED and the stay in this matter is
hereby LIFTED.

(2) The Government shall have thirty (30) days from this Order to file its response in this
matter.
Signed: October 8, 2019

2