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)

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.

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IT IS SO ORDERED this 22nd day of November 2017.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

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