Dorise v. Bragg

Filing 36

ORDER This matter is hereby referred back to the Magistrate Judge for the preparation of a new Report and Recommendation in consideration of the Fourth Circuit's decision in Wheeler. Signed by Honorable Joseph F. Anderson, Jr. on 8/21/2019. (lbak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Mikhael Dorise,

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Petitioner,
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v.
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Warden Bragg,
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Respondent.
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______________________________________ )

C/A No.: 1:17-1881-JFA

ORDER

The pro se petitioner, Mikhael Dorise, brought this action pursuant to
28 U.S.C. § 2241, contending that the sentencing court erroneously imposed a sentence that
exceeded the statutory maximum. He also alleged that the court erred in sentencing him as
a career offender.
On November 9, 2017, this court adopted the Report and Recommendation of the
Magistrate Judge and dismissed the § 2241 petition without prejudice and without requiring
the respondent to file a return.

The petitioner filed an appeal of that decision on

November 27, 2017. Thereafter, on March 26, 2018, the Fourth Circuit Court of Appeals
placed the petitioner’s case in abeyance pending its decision in United States v. Wheeler,
No. 16-6073.
In its mandate filed March 1, 2019, the Fourth Circuit finalized its judgment of
January 7, 2019, wherein it vacated and remanded this court’s order denying petitioner’s
§2241 petition. The Court stated that because the district court did not have the benefit of
its decision in United States v. Wheeler, 886 F.3d 415, 429 (4th Cir. 2018), the district court’s
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order was vacated and remanded.
This matter is hereby referred back to the Magistrate Judge for the preparation of a
new Report and Recommendation in consideration of the Fourth Circuit’s decision in
Wheeler.
IT IS SO ORDERED.
August 21, 2019
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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