White v. United States of America

Filing 8

ORDER GRANTING 7 MOTION TO HOLD IN ABEYANCE AND GRANTING 6 MOTION TO FILE SUPPLEMENTAL MEMORANDUM. Signed by Judge James D. Todd on 6/24/16. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION

ROCKY WHITE,
Movant,
Civ. No. 16-1094-JDT
Crim. No. 02-10069-JDT

v.
UNITED STATES,
Respondent.

ORDER GRANTING MOTION TO HOLD IN ABEYANCE AND
GRANTING MOTION TO FILE SUPPLEMENTAL MEMORANDUM

On May 6, 2016, the Movant, Rocky White, filed a pro se motion under 28 U.S.C.
§ 2255. (ECF No. 1.) Counsel has now appeared on Movant’s behalf (ECF No. 5) and has filed
a motion (ECF No. 7) to hold this case in abeyance until the Sixth Circuit rules on White’s
motion for authorization to file a second or successive § 2255 motion, currently pending in the
Court of Appeals.
Counsel has also filed a motion (ECF No. 6) for leave to file a supplemental
memorandum in order to preserve issues arising out of the decision in United States v. Stitt, No.
14-6158, 2016 WL 520048 (6th Cir. Feb. 10, 2016), vacated and reh’g en banc granted, 2016
WL 1658598 (6th Cir. Apr. 27, 2016).
Without deciding whether any claim based on the decision in Stitt would ultimately be
timely filed, the motions are GRANTED.
IT IS SO ORDERED.

s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE