Ervin v. USA

Filing 17

ORDER LIFTING STAY. The Government shall have forty-five (45) days from this Order to file its response in this matter in accordance with the terms of this Order. Signed by District Judge Max O. Cogburn, Jr on 7/14/2021. (Pro se litigant served by US Mail.)(ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:20-cv-00009-MOC
(3:16-cr-00233-DCK-1)
JAMES SCOTT ERVIN, JR.,

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

ORDER

THIS MATTER is before the Court on its own motion on the Government’s Response to
Order to Show Cause [Doc. 16] and the United States Supreme Court’s decision in Greer v. United
States, 141 S.Ct. 2090 (2021).
For the reasons stated in the Court’s Show Cause Order [Doc. 15] and on the Government’s
agreement that the stay in this matter should be lifted [Doc. 16], the Court will lift the stay and
order that the Government has 45 days to file its response to the Petitioner’s Section 2255 Motion
to Vacate [Doc. 1]. In its response, the Government should also respond to Petitioner’s other
pending motions [Docs. 2, 3, 9, 10, 12-14], as appropriate.
IT IS, THEREFORE, ORDERED that the stay in this matter is hereby LIFTED and the
Government shall have forty-five (45) days from this Order to file its response in this matter in
accordance with the terms of this Order.
Signed: July 14, 2021