Gayle v. Aviles

S.D. New York

Gayle v. Aviles

DecidedOctober 23, 2020

Docket1:15-cv-02134

StatusUnknown

This text of Gayle v. Aviles (Gayle v. Aviles) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gayle v. Aviles, (S.D.N.Y. 2020).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STEVANOJAVEDGAYLE. Petitioner, 15-cv-2134 (PKC) -against- ORDER OSCAR AVILES, et al., Respondents.

CASTEL, U.S.D.J.

In view of the Mandate of the Second Circuit filed April 27, 2020 (Doc 25) that vacated and remanded the Court’s Memorandum and Order of June 22, 2015 conditionally granting the petitioner’s writ of habeas corpus and the Court’s July 10, 2015 Memorandum and Order denying the government’s motion to reconsider (Doc 21), the parties are directed to file supplemental briefs addressing (i) the impact of Nielsen v. Preap, 139 S. Ct. 954 (2019) and Jennings v. Rodriguez, 138 S. Ct. 830 (2018), (ii) whether intervening evens have rendered the petition moot, and (111) what further action should be taken to resolve this matter. The supplemental briefs must be filed by December 2, 2020, and any responses to the supplemental briefs must be filed by December 18, 2020.

SO ORDERED. LA Popes LZ Pepe Lol United States District Judge New York, New York October 23, 2020

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STEVANOJAVEDGAYLE. Petitioner, 15-cv-2134 (PKC) -against- ORDER OSCAR AVILES, et al., Respondents.

CASTEL, U.S.D.J.

In view of the Mandate of the Second Circuit filed April 27, 2020 (Doc 25) that vacated and remanded the Court’s Memorandum and Order of June 22, 2015 conditionally granting the petitioner’s writ of habeas corpus and the Court’s July 10, 2015 Memorandum and Order denying the government’s motion to reconsider (Doc 21), the parties are directed to file supplemental briefs addressing (i) the impact of Nielsen v. Preap, 139 S. Ct. 954 (2019) and Jennings v. Rodriguez, 138 S. Ct. 830 (2018), (ii) whether intervening evens have rendered the petition moot, and (111) what further action should be taken to resolve this matter. The supplemental briefs must be filed by December 2, 2020, and any responses to the supplemental briefs must be filed by December 18, 2020.

SO ORDERED. LA Popes LZ Pepe Lol United States District Judge New York, New York October 23, 2020

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