Ervin v. USA
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
JAMES SCOTT ERVIN, JR.,
UNITED STATES OF AMERICA,
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
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