Hunt v. USA

Filing 7

ORDER granting 6 Motion to Hold in Abeyance. IT IS FURTHER ORDERED that this action is held in abeyance pending the Supreme Courts decision in US v Davis. Thereafter, counsel for petitioner shall have 30 days from decision in Davis to supplement Petitioner's pro se Motion to Vacate. Government shall then have 60 days to file response. Signed by Chief Judge Frank D. Whitney on 3/7/2019. (tmg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL CASE NO. 5:17-cv-40-FDW CRIMINAL CASE NO. 5:14-cr-67-FDW-DCK-1 DASHAWN RAQUAN HUNT, ) ) ) ) ) ) ) ) ) ) ) Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ________________________________ ORDER THIS MATTER is before the Court on Petitioner’s motion, through counsel, requesting that the Court continue holding this action in abeyance, pending a decision by the United States Supreme Court in United States v. Davis, No. 18-431 (pet’n granted Jan. 4, 2019). (Doc. No. 6). According to the Petitioner’s motion, the Government does not object to its request. (Id.). Based on the reasons given by Petitioner, and without objection by the Government, the Court concludes that Petitioner’s motion should be granted. ORDER IT IS, THEREFORE, ORDERED that Petitioner’s motion to continue holding this case in abeyance, (Doc. No. 6), is hereby GRANTED and this matter is hereby held in abeyance pending the Supreme Court’s decision in United States v. Davis, No. 18-431 (pet’n granted Jan. 4, 2019). Thereafter, counsel for Petitioner shall have 30 days from the date the Supreme Court issues its decision in Davis in which to supplement the motion to vacate, which was originally filed pro se by Petitioner. After Petitioner files a memorandum supplementing Petitioner’s motion to vacate, the Government shall then have 60 days in which to file a response. 1 IT IS SO ORDERED. Signed: March 7, 2019 2

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