Gaither v. USA

Filing 17

ORDER denying as moot 15 Motion for Extension of Time to Respond to Petr's Motion to Vacate; granting 16 Motion to Stay and to Extend the Time for Filing Govt's Response to Petr's Motion to Vacate until 45 days from the issuance of the Fourth Circuit's mandate in US v. Surratt, No. 14-6851. Signed by District Judge Richard Voorhees on 10/7/2014. (cbb)

DISTRICT COURT OF THE UNITED STATES
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:13CV24-RLV
(5:05CR33-RLV-DCK-1)

PAUL WESLEY GAITHER, JR.,

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

ORDER

UPON MOTION of the Government, (Doc. No. 16), to hold Petitioner’s motion to vacate
brought under 28 U.S.C. § 2255 in abeyance pending resolution of the appeal in United States v.
Surratt, No. 14-6851, and to extend the time for filing of the Government’s Response until 45
days from the issuance of the Fourth Circuit’s mandate in Surratt,
IT IS HEREBY ORDERED that the Motion to Stay, (Doc. No. 16), is GRANTED.
The Government’s Motion for Extension of Time to Respond to Petitioner’s Motion to Vacate,
(Doc. No. 15), is DENIED as moot.

Signed: October 7, 2014