Dorsey v. United States of America

Filing 38

ORDER granting Petitioner's 37 Agreed Motion to Lift Stay and Agreed Dates for Further Briefing. The United States' Answer to 2255 petition due 2/21/2020 and shall be noted on 3/20/2020. Signed by Judge Robert S. Lasnik. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DEVAUGHN DORSEY,
Petitioner,

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v.

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UNITED STATES OF AMERICA,

Case No. 14-CV-938-RSL
ORDER LIFTING STAY
AND DIRECTING THE
UNITED STATES TO
ANSWER § 2255 PETITION

Respondent.

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This matter comes before the Court on petitioner Devaughn Dorsey’s “Agreed Motion to

16 Lift Stay and Agreed Dates for Further Briefing.” Dkt. #37. Mr. Dorsey also filed a “Motion to
17 Amend the Petition” on January 6, 2020. See Dkt. #36.
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On January 10, 2018, the Court stayed briefing in this matter pending the appeal of Mr.

19 Dorsey’s related criminal case (United States v. Dorsey, No. 08-CR-245-RSL). See Dkt. #31.
20 The Ninth Circuit affirmed this Court’s Order denying Mr. Dorsey’s motion for a new trial, and
21 issued its mandate on August 5, 2019. See Dorsey, No. 08-CR-245-RSL, Dkt. #597; id., Dkt.
22 #598. Mr. Dorsey indicates that the government does not oppose his motion to lift the stay in
23 this matter. See Dkt. #37 at 1.
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Because Mr. Dorsey’s appeal is now complete, the Court HEREBY ORDERS:

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(1)

Mr. Dorsey’s motion to lift stay (Dkt. #37) is GRANTED.

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(2)

On or before February 21, 2020, the United States shall file and serve an Answer

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to Mr. Dorsey’s § 2255 petition in accordance with Rule 5 of the Rules Governing

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Section 2255 Cases in United States District Courts.
ORDER LIFTING STAY - 1

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(3)

The United States’ Answer shall be noted for consideration on March 20, 2020.
Petitioner may file a Reply to the Answer no later than the noting date.

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DATED this 13th day of January, 2020.

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A
Robert S. Lasnik

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United States District Judge

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ORDER LIFTING STAY - 2