Helms v. USA

Filing 5

ORDER granting 2 and 4 Motion to Stay. The Government shall respond to the Petitioner's Motion to Vacate within 30 days of the Fourth Circuit's mandate in United States v. Gary. Signed by District Judge Kenneth D. Bell on 11/24/2020. (Pro se litigant served by US Mail.)(brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:20-cv-00085-KDB
(5:16-cr-00015-KDB-DCK-1)

JAMES HOLLAND HELMS,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.
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ORDER

UPON MOTIONS of the parties to hold this action in abeyance pending the issuance of
the mandate by the Fourth Circuit Court of Appeals in United States v. Gary, 954 F.3d 194 (4th
Cir. 2020), petition for cert. filed (Oct. 5, 2020) [Docs. 2, 4], following final disposition of Gary
by the United States Supreme Court;
IT IS HEREBY ORDERED that the parties’ motions to stay [Docs. 2, 4] are GRANTED
and the Government shall respond to the Petitioner’s Motion to Vacate within 30 days of the Fourth
Circuit’s mandate in United States v. Gary, 954 F.3d 194 (2020).
Signed: November 24, 2020

Case 5:20-cv-00085-KDB Document 5 Filed 11/24/20 Page 1 of 1