Ervin v. United States
This text of Ervin v. United States (Ervin v. United States) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:20-cv-00009-MOC (3:16-cr-00233-DCK-1) JAMES SCOTT ERVIN, JR., ) ) Petitioner, ) ) vs. ) ) ORDER UNITED STATES OF AMERICA, ) ) Respondent. ) __) THIS MATTER is before the Court on its own motion on the Government’s Response to Order to Show Cause [Doc. 16] and the United States Supreme Court’s decision in Greer v. United States, 141 S.Ct. 2090 (2021). For the reasons stated in the Court’s Show Cause Order [Doc. 15] and on the Government’s agreement that the stay in this matter should be lifted [Doc. 16], the Court will lift the stay and order that the Government has 45 days to file its response to the Petitioner’s Section 2255 Motion to Vacate [Doc. 1]. In its response, the Government should also respond to Petitioner’s other pending motions [Docs. 2, 3, 9, 10, 12-14], as appropriate. IT IS, THEREFORE, ORDERED that the stay in this matter is hereby LIFTED and the Government shall have forty-five (45) days from this Order to file its response in this matter in accordance with the terms of this Order. Signed: July 14, 2021
evrnna Max O. Cogburn i ) United States District Judge Tote t
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