Gaines v. United States of America

Filing 9

MINUTE ORDER LIFTING STAY. Petitioner's 1 MOTION to Vacate Under 28 U.S.C. 2255 shall be NOTED for 6/22/2018. The United States shall file and serve its answer to the § 2255 motion on or before 5/25/2018. Authorized by Judge Thomas S. Zilly. (SWT)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 4 5 6 IVY BYRD GAINES, Petitioner, C17-264 TSZ 7 (related to CR03-496 TSZ) v. 8 UNITED STATES OF AMERICA, MINUTE ORDER 9 Respondent. 10 11 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: 12 (1) Having reviewed the parties’ Joint Status Report, docket no. 7, indicating that the mandate in United States v. Watson, No. 16-15357, issued on April 6, 2018, and 13 having reviewed the decisions of the United States Court of Appeals for the Ninth Circuit in both United States v. Watson, 881 F.3d 782 (9th Cir. 2018), and United States v. 14 Kenney, No. 16-10117, in which a mandate issued on March 29, 2018, the Court hereby LIFTS the stay of this matter and returns this case to the active docket. 15 (2) Petitioner’s motion under 28 U.S.C. § 2255, docket no. 1, shall be NOTED 16 for June 22, 2018. The United States shall file and serve its answer to the § 2255 motion on or before May 25, 2018. Petitioner may file a response on or before June 18, 2018. 17 The United States may file a reply brief by the noting date. 18 19 (3) record. The Clerk is directed to send a copy of this Minute Order to all counsel of Dated this 27th day of April, 2018. 20 William M. McCool Clerk 21 22 s/Karen Dews Deputy Clerk 23 MINUTE ORDER - 1

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