Barron Montoya v. United States of America

Filing 20

ORDER LIFTING STAY AND DIRECTING SERVICE AND RESPONSE. Signed by U.S. District Judge Karen E. Schreier on 7/24/18. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
JUAN ENRIQUE BARRON MONTOYA,
Plaintiff,
vs.
UNITED STATES OF AMERICA,

4:16-CV-04088-KES
ORDER LIFTING STAY AND
DIRECTING SERVICE AND
RESPONSE

Defendant.
On April 12, 2017, this court granted plaintiff’s motion to stay his case
pending the Supreme Court’s decision in Lynch v. Dimaya. Dockets 10, 11. The
Supreme Court issued its opinion in Dimaya on April 17, 2018. Sessions v.
Dimaya, 138 S. Ct. 1204 (2018). Thus, it is
ORDERED that the stay is lifted.
IT IS FURTHER ORDERED that the United States Attorney for the
District of South Dakota will serve and file an answer or responsive pleading to
plaintiff’s petition, together with a legal brief or memorandum in support
thereof, on or before August 23, 2018.
Dated July 24, 2018.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE