Davis v. United States of America

Filing 28

ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S MOTION TO STAY 27 . Signed by Judge J. Daniel Breen on 11/22/17. (skc)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION BRAD DAVIS, Petitioner, v. No. 1:13-cv-01225-JDB-egb No. 1:07-cr-10063-JDB-1 UNITED STATES OF AMERICA, Respondent. ORDER GRANTING IN PART AND DENYING IN PART PETITIONER’S MOTION TO STAY On October 4, 2017, the Court directed Petitioner, Brad Davis, to file a response to the Government’s motion for relief from judgment. (Case Number (“No.”) 13-cv-01225, Docket Entry (“D.E.”) 20.) Petitioner was ordered to respond to the motion by addressing the Sixth Circuit’s recent decision in United States v. Verwiebe, 874 F.3d 258 (6th Cir. 2017) (petition for rehearing en banc pending). (No. 13-cv-01225, D.E. 20 at PageID 96.) Before the Court is Petitioner’s motion to stay proceedings in this case pending the Sixth Circuit’s ruling on the petition for rehearing en banc in Verwiebe. (Id., D.E. 27.) In his motion, Petitioner also requests that the Court set the matter for a status hearing on January 17, 2018. (Id. at PageID 106.) For good cause shown, Petitioner’s motion is GRANTED IN PART and DENIED IN PART. Proceedings in this case are hereby STAYED pending final disposition of appellate proceedings in Verwiebe. The request for a status hearing is DENIED as premature. Petitioner shall notify the Court of the Sixth Circuit’s final ruling in Verwiebe within seven (7) days of its entry-date. 1 IT IS SO ORDERED this 22nd day of November 2017. s/ J. DANIEL BREEN UNITED STATES DISTRICT JUDGE 2

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