Daniels v. United States of America

Filing 16

ORDER signed by Judge J.P. Stadtmueller on 3/27/2017 GRANTING 15 Petitioner's Unopposed Motion to Lift Stay and Set Briefing Schedule and ORDERING that the stay be lifted. Parties to each file a brief of not more than 20 pages by 4/28/2017 on the merits of the petition in light of relevant precedent; response briefs of not more than 10 pages due by 5/12/2017; no reply briefs permitted. See Order. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MICHAEL DANIELS,
Petitioner,

Case No. 15-CV-1440-JPS

v.
UNITED STATES OF AMERICA,
Respondent.

ORDER

On November 30, 2015, Petitioner filed a motion pursuant to 28 U.S.C.
§ 2255 to vacate, set aside, or correct his sentence. (Docket #1). On August 29,
2016, the Court issued an order staying this matter pending resolution of
several appeals before the Seventh Circuit relating to the effect of Johnson v.
United States, 135 S. Ct. 2551 (2015), on the petition. (Docket #13). Also at that
time, another pertinent case, Beckles v. United States, No. 15-8544, was
pending in the Supreme Court. (Docket #15 at 1).
Beckles was decided on March 6, 2017. Beckles, 2017 WL 855781 (U.S.
Mar. 6, 2017). Currently before the Court is Petitioner’s unopposed motion
to lift the stay and permit the parties to brief their positions on the merits of
the petition in light of Beckles and other relevant precedent. (Docket #15). The
parties have agreed to a quick briefing schedule and the submission of
simultaneous briefs on their respective positions in late April. Id. at 2–3. The
Court will oblige their request.
Accordingly,
IT IS ORDERED that Petitioner’s unopposed motion to lift the stay
and set a briefing schedule (Docket #15) be and the same is hereby
GRANTED;

IT IS FURTHER ORDERED that the stay in this matter be and the
same is hereby LIFTED;
IT IS FURTHER ORDERED that the parties shall each file a brief of
not more than twenty (20) pages advancing their respective positions on the
above-described matters no later than April 28, 2017; and
IT IS FURTHER ORDERED that each party shall respond to the brief
of their opponent no later than May 12, 2017. The response brief shall not
exceed ten (10) pages. No reply briefs will be permitted.
Dated at Milwaukee, Wisconsin, this 27th day of March, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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